Case update

Update: I just happened upon this excellent article on the geographic distribution of NYC summons charges. The author describes the use of “disorderly conduct charges …  as a kind of policing panacea — a catch-all charge officers can use against behavior they don’t like.” That’s something we’ve seen too — and when it’s so difficult to have charges dismissed in a timely manner, it’s no wonder that the NYPD isn’t pushed to act lawfully.

Many of you know that I was in Manhattan Criminal Court on Monday and Tuesday. I had been hoping to post an update immediately afterwards with good news, but unfortunately, that didn’t prove to be the case.

On the other hand, it’s not bad news per se. In a nutshell, the only thing that happened was that the courts kicked my two cases down the road a month. Somewhat of a letdown when you’re thinking in terms of right, wrong, and resolution, huh?

In more detail, the situation is this. I’ve been offered an Adjournment in Contemplation of Dismissal, or for the initiated, an ACD. That’s an agreement in which the charges are dropped after six months with no admission of guilt, provided that you don’t rob any banks in the meantime.

Now, the Powers that Be would very much like for me to take an ACD. It wouldn’t be the worst thing in the world to do so: I would still be able to sue over the arrests, and the arrest charges would be sealed. However, I’m a stickler for, y’know, not accepting things involving ‘adjournment’ or ‘contemplation’ when I’ve been arrested for something that is, last time we all checked, specifically okayed by the MTA Rules of Conduct.

Once you’ve turned down the ACD, though, it turns out to be awfully hard to actually get a trial. The prosecution now has a thirty day period to prepare its case for trial, meaning that I’ve been given new appearance dates on October 7th and 8th. In the meantime, various things will be happening that could suspend or set back that thirty day period. (Side note: why the prosecution did not start preparing its case after I turned down the ACD the first time on June 18th is beyond me.)

All of the delays mean that ultimately, I’m likely to show up and be offered another adjournment – and if that adjournment date is after October 14th, I will already have left on my Fulbright grant to Senegal. So if the case is adjourned again, I’ll be forced to take the ACD and waive my right to a trial.

I imagine it’s clear why this was something of a disappointment. I earnestly don’t think it should be so naive to envision having a trial date within four months of an arrest.

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Case closed: disorderly traffic summons

This is the first post in our case database. Hoping it grows, to give performers more information about dealing with legal threats in the future.

We had some good news in court today — not for me, but for a friend. She had been issued a pink summons for playing the guitar and singing at 53rd St. Once again, the charge didn’t fit the crime artistic performance: she was facing §240.20, ‘Disorderly Conduct.’ The statute reads:

A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
[…]
5. He obstructs vehicular or pedestrian traffic.

Of course, it could have been worse: she could have been charged with section 7, “[creating] a hazardous or physically offensive condition by any act which serves no legitimate purpose.” These laws are so hurtful!

On a more serious note, she went in for her court date and reports having had the charges immediately dropped. So that’s a victory for sanity, for music, and for culture. Cheers, all!