Very scared!!! Please help.

Sonubaba

Registered Users (C)
Filed my citizenship application just a fortnight ago. I had one conviction for disorderly conduct in 1998 for which I paid $ 100 fine. Yesterday, I was stopped at the subway station when I was with my son for fare evasion. My son and I were helping a woman with a child in stroller and a lot of bags and my son carried her stuff in both his hands. I swiped the card for my son and then myself but unfortunately, the order was reversed. The cop gave me a ticket for using school metro card despite seeing everything. He kept insisting that it is not criminal and is just like a parking ticket. I'm planning to fight this ticket and the woman has agreed to give me a statement on oath as to what transpired. I am also planning to take my son to the ticket hearing.
I haven't slept a wink and it looks like my entire life crumbled down due to this incident. I was looking at MTA adjudications and it turned out that their conviction rate is over 85%. I also came across a case where a woman swiped a child who ran to the turnstiles and then used his school card for herself - she was fined for fare evasion. I called the telephone # on the ticket and they said that this is a civil ticket but they also said that the records would remain. I'm not so sure the woman understood the gravity of the matter.
Please help. I'm suicidal. Should I withdraw my citizenship application if I end up being convicted? Would this be considered my second conviction making me deportable ??
 
Thanks

Thanks nkm-Oct23 for the words of encouragement. I went online and researched this issue the entire night. Unfortunately, everyone appears to think that fare evasion is a cmt. Do you know anyone who has come across this situation personally? I didn't even go to work today. I cannot imagine why the cop who saw everything still insisted in giving me the ticket. I am totally devastated. I spoke to the woman again whom I was helping and there is a chance that she might come to the hearing for this ticket also but reading everything about MTA adjudicators is making me lose any hope.
 
"Entered without payment"
In the details part, he wrote:
"Officer observed respondent use a student metro card that does not belong to him in order to avoid legal payment of fare"
 
I don't understand what you mean by "the order was reversed". Did you use school metro card for both tickets? I am not familiar with NY subway system hence can't imagine exact sequence of events. Were there cameras which can serve as evidence? Otherwise it's Officer's words against yours.
 
WTF!

Looks like the local Government is in desperate need of $$$$!


Filed my citizenship application just a fortnight ago. I had one conviction for disorderly conduct in 1998 for which I paid $ 100 fine. Yesterday, I was stopped at the subway station when I was with my son for fare evasion. My son and I were helping a woman with a child in stroller and a lot of bags and my son carried her stuff in both his hands. I swiped the card for my son and then myself but unfortunately, the order was reversed. The cop gave me a ticket for using school metro card despite seeing everything. He kept insisting that it is not criminal and is just like a parking ticket. I'm planning to fight this ticket and the woman has agreed to give me a statement on oath as to what transpired. I am also planning to take my son to the ticket hearing.
I haven't slept a wink and it looks like my entire life crumbled down due to this incident. I was looking at MTA adjudications and it turned out that their conviction rate is over 85%. I also came across a case where a woman swiped a child who ran to the turnstiles and then used his school card for herself - she was fined for fare evasion. I called the telephone # on the ticket and they said that this is a civil ticket but they also said that the records would remain. I'm not so sure the woman understood the gravity of the matter.
Please help. I'm suicidal. Should I withdraw my citizenship application if I end up being convicted? Would this be considered my second conviction making me deportable ??
 
I don't understand what you mean by "the order was reversed". Did you use school metro card for both tickets? I am not familiar with NY subway system hence can't imagine exact sequence of events. Were there cameras which can serve as evidence? Otherwise it's Officer's words against yours.

I think the OP meant she had a regular Metro card for herself and a student Metro card for her son. But in the process of helping this other person,things got mixed up and she used the Metro card for her son's access and her son's student card for her own access. It seems a bit overzealous on the part of the officer for ticketing her for this when it could be clearly explained.

Sonubaba, don't get suicidal on this because it is not the end of the world. Appeal it with the written statement of the lady being helped. Make sure you take both card to the appeals process and explain clearly what happened. Hopefully things will be overturned in your favor.
 
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I had bought a single ride (which is white in color) for myself that I used for my son and used his School Metro card (which is also white) for myself.
The officer also kept my son's card so there is no way of producing it showing that it was used only once.
 
I found out that the hearings are just like parking tickets. You show up; first come, first served; bring your witnesses and statements etc. Doubt if the officers show up. I was told by the clerk that its not a criminal court so there are no judges but they have adjudicators (apparently, civil).
 
If you fight this in court, the officer will have to produce your son's card. If the officer doesn't produce the card, that makes your case easier to win. Chances are the officer won't even show up.
 
From what I read, it appears that no matter what, the MTA adjudicators always fine you. Over 85 % convictions. Stories abound of many people who had unlimited tickets being cited by the officers and convictions upheld even if there was any problem with their own equipment. They were even sued by ACLU in the Federal Court for not even having the hearings in the open courts, not disclosing the procedures for the "trial" etc. among other grounds. I'm told that the summons is the only evidence so its doubtful that the officer or the tickets can be produced. I'm trying to find the way to have the ticket produced but doubtful it will happen.
 
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The key question is: does the OP have to disclose it.

Yes it will have to be disclosed at the interview, because the ticket was issued by a cop, so it does qualify as a citation by a law-enforcement officer (part 10D, Q16 in N-400).
 
"Entered without payment"
In the details part, he wrote:
"Officer observed respondent use a student metro card that does not belong to him in order to avoid legal payment of fare"

You did buy a ticket for yourself, didn't you? Did you swipe your ticket? If so, the ..avoid legal payment of fare" phrase written by the officer goes out of the window. Hang on to your ticket, you will need it in the court.
 
I found out that the hearings are just like parking tickets. You show up; first come, first served; bring your witnesses and statements etc. Doubt if the officers show up. I was told by the clerk that its not a criminal court so there are no judges but they have adjudicators (apparently, civil).

That sounds like good news as it would seem that a fare evasion in NYC is a civil rather than criminal infraction. Still, it is a good idea to try to find out for sure (maybe even consult a lawyer). I looked up the MTA code http://www.mta.info/nyct/rules/rules.htm#payment, but it is still not completely clear to me if Section 1050.4 (fare evasion) is a criminal or a civil violation.
 
That's what I thought until I read the other case of a mother and son - almost the same scenario but she was still fined.
 
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