Our office routinely gets calls from defendants who live outside of New York State, were visiting New York, and unfortunately received either a Criminal Summons or Desk Appearance Ticket. They call our office and request our assistance in resolving their situation. Generally, if they reside outside of New York State, we can appear on their behalf at Court. We can also resolve the case on that first appearance if the offer is satisfactory to our self and our client. No criminal record, and generally no fine or additional costs to the client.
The authority to appear without the defendant stems from the Criminal Procedure Law (“CPL”) 170.10(1)(b), which reads as follows:
In any case in which the defendant’s appearance is required by a summons or an appearance ticket, the court in its discretion may, for good cause shown, permit the defendant to appear by counsel instead of in person.
The Statute required “good cause shown”. New York State cases have defined good cause broadly “as some compelling fact or circumstance.” I generally alert the Court, that the time and expense our clients would have to extend to resolve this minor case would be an undue hardship on them. Lastly, I always provide the Court a notarized statement from the client authorizing both our appearance, and our resolution of the case at hand.
Cases that we have handled in this capacity are:
* Drinking Alcohol in Public
* Being in a Park After Dark
* Riding a Bicycle on the Sidewalk
* Various Trespass Offenses
* Disorderly Conduct
* Unlawful Possession of Marijuana
* Reckless Driving
* Various Trucking Offenses
* Urinating in Public
* Possession of a Knife over 4 inches
* Selling tickets too close to a stadium (even for face value)
* Unlawful Eviction
If you have received a Criminal Summons Ticket or Desk Appearance Ticket while you were in New York State but you lives outside of New York State, please contact us at (212) 748-9243 to discuss how the Criminal Defense Lawyers at Storobin & Spodek, LLP can assist you.