A New York City SUMMONS is document usually issued by a member of the NYPD right at the scene of an alleged violation of a New York State or New York City law. A summons orders a person to appear in a particular New York City Criminal Court on a certain Date and Time to answer the allegation: “Lucky” persons who get charged with violating one of the thousands of laws on the books in New York City, including some violations and misdemeanors under the New York State Penal Law will just get issued a “summons” to appear in New York City Criminal Court at a later date and released without being formally arrested and taken to the Precinct. In most instances, it is within the discretion of the officer to make an arrest instead of just issuing a summons.
Usually a summons is issued for violations of minor offenses including traffic infractions, violations of the New York City Code and New York Penal Law and some misdemeanors under the New York City Code and the New York Penal Law. As already stated, the decision to arrest and take someone to the Precinct– even with a minor violation– is left to the discretion of the NYPD. In fact, the NYPD has the power to make a formal arrest even on a traffic violation. Not having proper Identification can be a factor in that decision. So, without trying to sound as though New York City has become a “police-state” were everyone must carry proper identification, it is advisable to do so. Proper identification will increase the likelihood that just a summons will be issued when the violation is a minor one.
A summonsto appear issued in Manhattan will usually have a notice to appear at a later date at either 346 Broadway or 314 West 54th Street. Usually, the date to appear will be at least 6 weeks from the date that the summons was issued. The summons is, by far, the most favorable way for the “defendant” to begin the criminal court process, since it is prepared by the police officer immediately and at the scene of the incident, removing any need for an arrest and a trip to the precinct. A summons issued by the NYPD is often called a “pink ticket” since the copy given the individual is the pink carbon copy of the original. This pink copy should spell out the title of the offense and give the particular numerical provision, or section, of whatever Code is alleged to be violated. It should also identify the individual charged with the offense and provide the date and address of the future Court appearance.
Unfortunately, when the offense comes under the Penal Law, a summons is usually only given for a “violation,” which is not a crime under New York Law. Under the Penal Law, violations include offenses such as Disorderly Conduct 240.20, Harassment in the second degree 240.26, Trespass in the 3rd Degree 140.05, unlawful possession of marijuana 221.05. Under Penal Law 10.00(3) A violation means any offense other than a traffic violation for which a term of imprisonment of more than fifteen days cannot be imposed. Violations are not crimes since Penal Law 10.00(6) defines crime as any felony or misdemeanor.
On the bright side, while many offenses under the various New York City local laws are misdemeanors, oftentimes the NYPD will just issue a summons instead of making an arrest for these offenses. For example, misdemeanors such as unlicensed vending under 20-453 of the NYC Admin Code, Public urination under 153.09 of the health code, and everything under the Park Regulations will often result in just a summons being issued instead of a desk appearance ticket or a trip to central booking, as long as the person has proper I.D. and no outstanding warrants. But under most circumstances, it is still within NYPD’s discretion to make an arrest instead of issuing a summons, so politeness is always a smart policy.
One thing to note about a Summons is that the pink copy given to the individual does not contain the second page which provides a description of the behavior which prompted the issuance of the summons.
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