General Discussion
In reply to the discussion: This is my son... [View all]alcibiades_mystery
(36,437 posts)There are three kinds of offenses:
Felonies
Misdemeanors
Violations
Violations are the least severe "breakings" of the law. Loitering a violation in the New York Penal Code. It is not even a misdemeanor, in other words. Violations are usually adjudicated in desk appearance court. Here's what happens there when you contest a charge 9a desk appearance ticket) - your son's "trial." The judge asks you what happened. The judge asks the prosecutor what happened. The judge asks the police officers (who must be present) what happened.
Every single time I have seen a contested charge in desk appearance court (in Queens county), the judge has dismissed the charges. Every time. Mostly, it's been project kids who were given a desk appearance ticket for "Open Alcohol" and who say "I wasn;t holding the beer." The cop says "Yes, he was," and the kid's all like 'Nope." Dismissed.
In any case, nobody is going to "prison" (even a misdemeanor conviction wouldn't result in prison time, since prison is 1 year+1 day or more, while under 1 year is jail). Even if your son is convicted of loitering, it will be a $200 fine or 30 days, and you'd have to be a damn fool to take the 30 days over the $200 fine (I've seen some homeless people take the time, eliciting gasps from everyone in the room).
So, you should probably calm down. Nobody's going to Rikers on a loitering charge.