Question about Pink Summons for Trespassing violation 140.05

[mdummy]

Hi I had recently got pink summons for trespassing path, acutally I had valid monthly pass so in hurry I went through the emergency door, but police caught for not swiping, I have , gone throw all the forum answers of Avvo and all other related websites, some lawyers say its not abig deal. some one says its very serious,bit cofused. But I understood(if someone going through this same issue now or in future ) just remember the consequences its not a small issue of which you pay the fine and united states forgives you forever, its the case where will be recorded in the system forever/and my life is done in USA after this. This is recorded in system and pinching you each and every time why did you forget on that day why did you forget on that day forever...Honestly this is not abig deal in our asian countries but here it become so complicated there is no way to get out even if you hire a lawyer if you dont. I know if I have time I can speak my self and most likely eligible for ACD for having the monthly pass. 1) so my questions is should I plead guily or not gulity? 2) consequences in Port of entry , every time I will be send to second window screening? 3) Most likely for all the forms have you arrested i NEED to say Yes only for imigration or any other pages also?

[pontevecchio]

Crime is taken seriously even in Asia. Your crime is not a major one and should you need help, get hold of a Lawyer in the area. Sentences may help convey your situation better than a blanket statement.

[pleaseforgive358]

Criminal law goes by intent. Read about it.

DO NOT PLEAD GUILTY -- OR -- DO NOT PLEAD GUILTY TO ANY LESSER CHARGE.

Take the be$t lawyer  who can go to the police and have them not charge you. If it has been too long then the police must have sent the complaint to the court.

Once the complaint is filed in court then it is bad.

From here the lawyer deals with the prosecutor. Prosecutors are tough to fight. But when there was no intention they should dismiss the case.

ONCE AGAIN DO NOT PLEAD GUILTY -- OR -- DO NOT PLEAD GUILTY TO ANY LESSER CHARGE.

--The above is to do Criminal Law.

 

In Immigration law: An arrest/citation/complaint means you committed the crime even if it was dismissed unless you prove the immigration that you did not commit the crime.

 

So, in criminal law you are not a convict unless the COURT proves you are guilty. In Immigration law you are a convict unless YOU prove you are not guilty. Note the difference.

[JoeF]

Forget Avvo. That's not legal advice.

You would have to discuss your situation one-on-one with a lawyer, not on an Internet forum.

There are unfortunately lots of bad lawyers on Avvo, just trying to get business.

[mdummy]

Pleaseforgive, 

 

Well you say that I shouldnt pleed gulity and retain a lawyer? 

 

Is Lawyer is manditory here in my case? 

[pontevecchio]

This is not a big deal. You should get a Lawyer involved and follow his guidance. You should tell him what happened and your Immigration status and also involve an Immigration Lawyer if he deems it fit. Since you had a monthly pass the judge will be fine and maybe fine you a small amount. Your original post is full of drama and not necessarily true. You got a ticket. Move on.

[JoeF]

Do NOT do anything until you have spoken with a lawyer one-on-one.

As the saying goes: He who defends himself has a fool for a lawyer.

[sam3215]

Do not plead guilty if u do you will be in trouble

[mdummy]

Well Good news is the ticket details are entered wrongly by the police officer and the ticket got rejected,just got confirmed the court clerk no need to go to court at all.  So whats next now, in immigration do I need to mention there is a issue happened or not?

[pontevecchio]

Read your original post and consider a future in writing movie scripts. You blew a minor matter into the stratosphere . Since it ended well just move on. Nothing for Immigration .

[pleaseforgive358]

Well Good news is the ticket details are entered wrongly by the police officer and the ticket got rejected,just got confirmed the court clerk no need to go to court at all.  So whats next now, in immigration do I need to mention there is a issue happened or not?

 

> That's good news. You should ask the police report. If the report identifies you, you should mention it.

   Regardless, if you knew you were the person in the incident even if the ticket has wrong information you must mention it.

   You fall into a category where something happened but the complaint in the court was not filed.

   Immigration is a little tricky: If I were you I would mention it. Knowing that it is not a violation which will bar my immigration benefits. E.g. Green Card. Actually, mentioning such a thing will be counted as positive.

  However, if let's say you don't declare and later at any point in time in your life it is found out. Your immigration benefits whether you are a GC holder or a citizen at the time WILL be cancelled. There is no way around it.

--

I have been through this myself. --> criminal complaint not filed in court. I mentioned everything.

[mdummy]

>Read your original post and consider a future in writing movie scripts. You blew a minor matter into the stratosphere . Since it ended well just move on. Nothing for Immigration 

 

I appreciate your sense of humor, may be I can also make fun when someone is in deep S**T. But the stress I went through cant be explained in words, after this Issue I got 2 long weekends(infact every day when I found time, I refer but those 6 days), just spend all the weekends reading other experiences, and putting myself in their shoes, the interesting aspect of the law here is once you are convicted, you are convicted for ever, even after 20 years the record never erases, those who are never caught of any thing being in US for so long, feel yourself lucky. 

If this admitted in court and I need to attend in front of judge, even in the best case scenario Judge gives ACD for 6 months, I cant even take home for rent based on that, nor I change jobs, worst thing is my Job needs back ground verification must and should as we deal with sensitive data and we need to have direct production access. Considering all this I am a bit nervous but was hopeful this will end soon. 

as you said to be honest 1 out of 1000 tickets happens like  this and it happened here, it was pure sheer luck. 

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>>You should ask the police report. If the report identifies you, you should mention it.

There is a Expunge of records sadly doesn't exists in NYC, in NJ records expunge( erases) from ones record within 5 years. 

So good thing here is( Infact Bad though) it doest matter record erased from history or not, once you given some work to the police officer of typing your name in his DB( data base) it cant be erases from immigration no matter what. So you did a good thing and thanks for the good advice too, you are right, you need to mention every where in immigration point of view, one exp for some1 says, they didnt mentioned for twice of the visa interview, but on the third interview they found that they didnt mentioned it and they are bared from us for not giving right information. and I agree it should display +VE veiw for declaring this kind of petty things(Hopefully).

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and thanks all who is reading this and contributed me when I needed, thank you so much, but I wonder if POE if they ask the question what should I answer, should I still need to carry the monthly pass, proofs and all till down the line I become Citizen( if I become)???????? 

[pontevecchio]

You SHOULD discuss the situation with a lawyer and follow their guidance. Do not depend on a forum for important information. It is just money. Help yourself.

[mdummy]

Yes I will consult lawyer before I go to Immigration, but what I am exactly looking of other experiences in this situation, any thing which you have heard of this situation before or looking to see do I need to collect any documentation instant of rather chasing the deparments here from other states, thanks for your reply.