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NYC (10-133c) Summons

Discussion in 'Knife Laws' started by truest, May 17, 2012.

  1. truest

    truest

    21
    May 17, 2012
    Hi,

    I got stopped today by a cop (definitely trying to meet her quota) in the NYC subway. She gave me this whole thing about knife outside clothing, but in fact a Swiss Army Knife that was barely sticking out of my pocket. I was friendly and polite (as we all should be trying to get off from a cop) but she was hearing none of it. She even had to look up in her little ticket book what the violation number was.

    The red SA knife was barely sticking out of my pocket ( I had my shirt tucked in) and she even said that the case would be dismissed. I have a court date in 2 months. I was wondering if you had any advice on what to do? Should I plead guilty or not guilty? I mean how can I argue to get it dismissed? I think she was just being insanely ridiculous for something so trivial. I know she was doing her job and all but not even a warning?


    Thanks
     
  2. kvaughn

    kvaughn Gold Member Gold Member

    Dec 28, 2005
    Find another place to live or quit carrying a knife. NYC has some of the most ridiculous,archaic knife regs in the U.S.--KV
     
  3. richard thurman

    richard thurman

    Nov 9, 2005
    I am very glad I have never been to your state. all I have ever heard is how the cops abuse there badge and you have to pay for it.
     
  4. truest

    truest

    21
    May 17, 2012
    Yeah I can definitely attest to that. I'm just trying to research on what I can do to make sure this is dismissed even if it is just a violation/summons.
     
  5. doc trinidad

    doc trinidad

    626
    Aug 29, 2009
    Get a decent lawyer he will know the best loops to jump through to hopefully make this go away
     
  6. KP

    KP Gold Member Gold Member

    Oct 24, 2011
    Be sure to post how it turns out and what you can find. As a registered user, you'll probably need to use google to search on this site but if you look around a bit I'm sure there are some relevant posts.
     
  7. Esav Benyamin

    Esav Benyamin MidniteSuperMod Staff Member Super Mod

    Apr 6, 2000
    truest, welcome to Bladeforums. Sorry about the useless advice you've gotten here so far.

    As a Registered User, you certainly can use our search. Your problem has come up too often here and we cover it in this Knife Laws forum. Your best advice will come from Doug Ritter of www.KnifeRights.org which he founded to support ... knife rights. And to defend victims of legalized abuse of those rights. I suggest checking out the website.

    tom19176 is also knowledgeable and articulate on how to deal with the NYCity legal system.
     
  8. truest

    truest

    21
    May 17, 2012
    Seems like a lawyer would cost me even more money in the end?
     
  9. Esav Benyamin

    Esav Benyamin MidniteSuperMod Staff Member Super Mod

    Apr 6, 2000
    Of course. But you will always find people willing to spend your money for you. :p
    The lawyer can't make it go away, but may be able to limit the consequences.

    Check wih KnifeRights first.
     
  10. truest

    truest

    21
    May 17, 2012
    Thanks, I contacted them on their website via email.
     
  11. tom19176

    tom19176

    Dec 7, 2005
  12. OhShoot

    OhShoot

    499
    Jan 23, 2011
    If he charges at least $300, you'll break even at worst by just showing up solo. You know you won't see any actual time, unless you cuss the judge or something.

    - OS
     
  13. tom19176

    tom19176

    Dec 7, 2005
    This type of offense is set at the level of a violation, which in NY law is not a criminal offense. The maxium penalty is a fine of $250 or a maxium of 15 days in jail or both. Most often the fine is set at $35 with an add on "court fee" of $15 for a total of $50. These days some judges feel the need to help the city's budget and up it to $100. The officer's in the subway system can have you return to either the normal summons part of the criminal court or the special transit court. The special court is normally for the rules that are only at play in the Transit system and since your summons was issued based on the general NYC Admin Code, it would seem you will be going to the normal court. Read the law in the link above and see if you are incuded in any of the activities that would have allowed you to carry the knife exposed. Either way take a photo of the knife and have a ruler in the picture to reference the total lenght and another just on the blade lenght. You can normally go to court anytime after 10 days of the date the summons was issued instead of waiting for the real court date ( two benefits-it shows your intenent to respond to court and clear it up and you will worry less about it for a shorter time). You can sit in the court and see how a judge handles this type of case if that would make you feel more at ease before you deal with your summons. As always this is not "legal" advise, but I think it is pretty good. Did they take they knife or not? This offense is deemed to be different than an illegal knife. Think of it in terms of making an illegal left turn in your car. You will get a ticket but they do not take your car for the illegal turn. The knife itself is not pe se illegal here, only the mehtod of carrying it was possibly illegal.
     
  14. truest

    truest

    21
    May 17, 2012

    Hi Tom, thanks for all the great info; it definitely helped ease my worries. She didn't take the swiss army knife, and it was barely sticking out of my pocket. I will definitely take photos of the knife and measure it. Great advice. Much appreciated.
     
  15. vic2367

    vic2367

    Sep 15, 2006
    yup !!!!
     
  16. sharpenit

    sharpenit

    163
    Apr 14, 2011
    New York and New Jersey are totalitarian when it comes to guns and knives. Listen to podcasts of "Gun for Hire Radio" to get an inside look at how bad it is.
     
  17. Esav Benyamin

    Esav Benyamin MidniteSuperMod Staff Member Super Mod

    Apr 6, 2000
    Find a better source.
    Distinguish between New York City and New York State.
    Guess why the New York knife shows moved to New Jersey.
     
  18. whateatsrabbits

    whateatsrabbits

    Nov 24, 2011
    Just plea not guilty. Go to court the judge will reduce the sentence to something cheaper. Thats how it works in NY. Always plea not guilty without the supporting deposition, and the courts always drop the charges down. Make sure to let them know how ridiculous they are for imposing on you rights and wasting your time and money for a sak.
     
  19. jbmonkey

    jbmonkey Gold Member Gold Member

    Jun 9, 2011
    What is so disturbing to me is..........here is a police officer turning a true pocket knife into a legal and money and time consuming mess. Man o man. Good thing we have knife rights and Mr. Ritter and his crew trying to bring common sense and sanity back to this country.
     

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