ainmana

Bizarre case of a friend who received a summons on NYC city street simply because she uttered a profanity. This is her story in her words:
"I was walking in my neighborhood, and trying to operate my cellphone which wouldn't work. I muttered a profanity rather loudly, a cruising police car stopped me and gave me a summons for profanity, and then two more for "failure to produce ID" and "not obeying lawful order". I didn't produce an ID because I didn't have one on me [I had just stepped out for five minutes to get a soda], and the latter I just thought that since I hadn't done anything wrong I did not have to give out my name. I meant no disrepect to anyone and just didn't know that I had to give out my name and address to the police even if I am innocent. I have to appear in criminal court in the next few days. I have been a law-abiding person all my life, never been arrested or received a ticket or even a reprimand for ANYTHING and I am not sure how to handle this -- how to talk to the judge, how serious this is and whether it will appear on my record and could go to trial and affect my citizenship"

Any advice would be greatly appreciated.

fatbrit

You need to consult an immigration attorney immediately. How your case is plead can affect your status if you are an alien. Don't delay.

ainmana

Unfortunately my friend doesn't have money for a lawyer, she was hoping to go to court and just tell the truth, plead guilty for uttering a profanity and not-guilty for " failure to produce ID" since she didn't have one on her. Also she was under great stress at the time due to a death in the family and having lost her job--would the judge take that into consideration?

Folinskyinla

Hi:

I don't know New York law, but this seems to something called a "criminal" offense. One is entitled to an attorney at no expense to the defendant. Quite often, PD's know the immigration consequences.

I think your friend could afford a FREE attorney, no?

ainmana

Yes, you are right. Where does one find these free lawyers, at the courthouse?

Marocco

We don't have ID's yet, but refusing to give your name to a police officer can lead to trouble in the UK as well. This guy was pepper sprayed and now has a conviction for resisting a police officer.

Tracym

Well I don't seem to know US law - are you required to produce an ID whenever a police officer asks?

I'd almost always have one on me I suppose, as I drive and thus have a drivers licence, so I've never really thought about it.

But do we have a legal requirement to carry ID on us wherever we go?

pejpm1

The land of the free....

Tracym

Yeah, yeah - and did you see the story from the UK one post above? Things happen everywhere.

I don't know of any mandatory ID carrying here - if there is one, someone will post it I'm sure. I am surprised if there is, as I am certainly unaware of it.

Titchski

Permanent residents do - supposed to carry Green card everywhere. Didn't think it was a requirement for US Citizens though?

REAL-ID will be here soon enough anyway!

Titchski

Of course, but the UK doesn't brand itself as the land of the free

dbj1000

Yeah, and then we'll all be able to be someone else by downloading a little RFID hack created by some kid in Russia and distributed for free for the good of ID thieves the world over!

Tracym

I am aware of that with Green cards - although I think it's fair enough, for a country to be able to identify those who are here and are not citizens (any country, not just us). Of course, I suspect hardly an PRs do so - for fear of losing the bloody thing

I'm not aware of any requirement for US citizens though...

Ahhhh - she wasn't a citizen, so was supposed to be carrying her ID, that's the thing apparently... Now it makes more sense.

ian-mstm

There is no mandatory ID requirement for USCs, but law enforcement officers simply don't like it when you challenge their authority. So, they suddenly turn from Uncle Fluffy to Mr. Pit Bull when questioning you. In the end, a USC does not have to carry ID... but unless you've got a really thick skin or have many hours to waste, it's probably just easier to give an officer your name.

Remember... you can always sue later on!

Ian

Titchski

I'm going to request to be 6' 5", full head of flowing hair and a 6 pack.

That'll confuse the crap out of the plod when they scan me