What should I do about a pocket “knife in public view” and a summons to court?

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What should I do about a pocket “knife in public view” and a summons to court?

I was visiting NYC, an officer stopped me about my regular, folding pocket knife (blade under 4 inches) in my pocket. They kept me in the station’s holding cell for a little bit, then let me go with a summons to court: a 10:133 sub C. I talked to a lawyer who said the case would most likely be dismissed or I would get an ACD, both of which are fine. It seems like a simple trial and I don’t want to pay a lot of money to hire a lawyer if this can be done without one. I have no record, I live in VA, and I wasn’t aware you can’t carry a knife in public in NY.

Asked on June 30, 2011 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sure that it was just a mis understanding  of the laws in New York which may differ from those in Virginia.  But what remains the same in all states is that you need to appear for the proceeding AND that 9 times out of 10 you need an attorney as well.  Although you may be right that the outcome in this matter is a "simple" trial - if you can even use that term to describe trial work at all - the pay out to an attorney will not seem like "a lot of money" should something go wrong during the proceeding. Additionally, if an attorney can speak with the prosecutor prior to the court appearance and work out a deal a trial will not even happen. Prosecutors are not inclined to speak with defendants prior to a court appearance and without being in front of a judge,  Has to do with ethical considerations.  So I would suggest that you hire an attorney maybe on a flat rate basis and see if they can help.  Good luck.


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