The Constitutional Rights Legal Clinic (CRLC) at Picture the Homeless is the only legal clinic in New York City focused on fighting the criminalization of homelessness. We document police abuse and aim to educate fellow homeless people about their civil and constitutional rights and give them the tools to advocate for themselves in the courts. We also encourage them to join us in working for systemic change in the criminalization laws and enforcement policies that violate peoples’ constitutional rights and perpetuate homelessness.
The Legal Clinic currently has hours on Thursdays at Holy Apostles (28th St & 9th Ave) from 10am – 1pm. You may also call our main number and make an appointment to speak to us about your police harassment and quality of life law violations, to check your tickets for errors and help you clear up warrants, and to address other similar issues. Note: we are not attorneys and we are not qualified to give you in-depth legal advice. We also cannot give you referrals or speak to you about legal issues that are outside the issues that the clinic addresses, like benefits or immigration issues that are not related to police harassment or civil rights.
1) Knowing the law is an important tool in fighting police abuse. If you know the law, you can know what to look for in police interactions when you think that the police were violating your rights.
2) Just because you are ticketed or arrested for something does not mean that you were doing something illegal. The police can make mistakes in filling out paperwork or be wrong about the law, and you have the right to defend yourself against these errors.
3) Common mistakes that the police make are writing the wrong charge or number of the law associated with that charge on your ticket or paperwork. Sometimes the police will write something down that does not match your behavior or will charge you with something (like panhandling) that is not illegal. You can use your knowledge of the law to challenge these types of mistakes in court and as a way to hold the police accountable.
Once you know the law, you can make informed decisions about what your options are and what actions you want to take. You are not a victim of the law, but can be an active participant – from challenging tickets and arrests on an individual level to educating others on their rights and working for social change.
This material is provided by Picture the Homeless to inform you of your rights and responsibilities under the law. It is not legal advice and cannot substitute for a lawyer.
“Quality of life” violations are minor offenses like open container and disorderly conduct. They are not crimes, meaning that they should be sealed on your New York State rap sheet and people like potential employers and private landlords should not be able to see them (although NYCHA might).
1) They target people who are homeless and are selectively enforced, meaning that police ticket and arrest people who appear homeless and less often ticket and arrest non-homeless people for these same actions.
2) The punishments associated with them are often excessive. The city of New York accumulated over $5 million in fines from summonses in 2005. The two most frequently charged summons offenses in 2005 were Open Container and Disorderly Conduct. Also in the top ten were Public Urination (under 2 different codes) and two separate Parks violations. In addition to fines, people are often given community service, a form of slave labor where homeless New Yorkers are forced to work for the city for free for very minor violations of the law.
DISORDERLY CONDUCT (GENERALLY) - NY Penal Law §240.20 (this is a violation):
Intending or recklessly creating a risk that there will be public inconvenience, annoyance or harm WHILE:
1) fighting or participating in violent, tumultuous, or threatening behavior
2) making unreasonable noise
3) using abusive or obscene language or obscene gestures in public
4) disturbing others meeting up (without legal authority)
5) blocking pedestrian or vehicular traffic
6) gathering with others in public and not dispersing when police lawfully ask you to do so
7) creating a dangerous/physically offensive condition by any act that does not have a legitimate purpose.
Part of “Prohibited Uses of Parks” -- Parks Dept Regulation §1-04 (this can be a misdemeanor or violation):
Behavior that is not allowed:
l 1) entering/exiting the park at places not designated as such or trying to enter locked/restricted areas.
l 2) climbing any tree/ bush/ structure not intended for climbing
l 3) Trying to enter a place in the park where payment is required to enter and payment is not made
l 4) gambling
l 5) interfering with, blocking or making any park road or any part of the park dangerous
l 6) fighting/assault
l 7) harassing others (unreasonably alarming or seriously annoying others)
l 8) sexual activity
l 9) endangering the safety of others
Transit Authority Rule 1050.7 (this is a violation):
Behavior that is not allowed:
a) littering, or creating unsanitary conditions
b) smoking
c) sleeping in a disruptive manner
d) gambling
e) using music/sound players w/o headphones
f) throwing/dropping any item onto the tracks, buildings, or trains
g) drinking alcohol or possessing an unsealed alcoholic beverage
h) being in a station or train where you can’t function safely due to alcohol or drugs
i) acting in a way that would annoy, alarm or inconvenience others
j) taking up more than one seat at a station/on a train, lying on the floor or stairs, or blocking others’ access to the floor or stairs
k) riding bicycles, skateboards, in-line skates, etc.
*It is NOT illegal to sleep sitting up on a train or bus.
New York has several anti-loitering laws, although their constitutionality has been challenged. Generally, loitering in itself is not illegal, though you cannot block residential or commercial entrances or exits. However, loitering for the purpose of doing something else illegal is illegal:
LOITERING (GENERALLY) – NY Penal Code §240.35 (this is a violation):
Behavior that is not allowed:
1) loitering for the purpose of gambling
2) loitering for the purpose of engaging in deviate sex
3) loitering while masked or disguised (except for police-authorized masquerade parties)
4) loitering on school grounds or at a children’s camp
5) loitering in a transit facility for the purpose of making money (like playing music)
6) loitering or sleeping in a transit facility and being unable to satisfactorily explain presence
Part of “Prohibited Uses” of Parks - Parks Department Regulation §1-04 (this can be a violation or misdemeanor):
Behavior that is not allowed:
m) 1) prostitution (buying or selling)
m) 2) loitering to sell drugs or alcohol
Part of “Loitering” generally. There is no MTA regulation about loitering – NY Penal Code §240.35 (this is a violation):
Behavior that is not allowed:
7) loitering or sleeping in transit facility and being unable to satisfactorily explain presence.
Panhandling is not illegal. It is a form of free speech protected by the First Amendment. However, certain types of panhandling are regulated:
AGGRESSIVE PANHANDLING (called “Harassment in the Second Degree”) – New York Penal Code §240.26 (this is a violation):
Intending to harass, annoy, or alarm another person WHILE:
1) making/threatening to make violent physical contact with a person
2) following someone in or around a public place
3) engaging in a “course of conduct” or repeatedly acting in an alarming or seriously annoying way to another person, which serves no legitimate purpose.
AGGRESSIVE PANHANDLING (called “Prohibition against certain forms of aggressive solicitation”) – NYC Administrative Code §10-136 (this is a misdemeanor):
Behavior that is not allowed:
b) 1) aggressive begging in public (aggressive begging is approaching or following someone in a way that would cause a reasonable person to fear bodily harm, damage to or loss of property, intimidation, or causing them to suffer unreasonable inconvenience, annoyance, or alarm. Intentionally blocking or interfering with someone or using violent or threatening gestures towards the person solicited from).
b) 2) begging within 10 feet of an ATM or check cashing business
b) 3) approaching a car to beg or exchange services for money
This does not apply to ATMs in supermarkets, airports, or school buildings (though other restrictions may apply to those places)
Part of “Prohibited Uses” of Parks – Parks Department Regulation §1-04 (this can be a violation or misdemeanor):
s) 1) no selling things without a permit
s) 2) no panhandling in parks
Part of “Use of the Transit System” – Transit Authority Rule1050.6 (this is a violation):
b) 2) No panhandling in any station or on any train
Although there are not specific laws prohibiting sleeping or sitting in public, police often charge people under other laws for these activities.
Sitting/sleeping (Generally)
Part of "Disorderly Conduct -- NY Penal Law §240.20 (this is a violation)
Intending or recklessly creating the risk that there will be public inconvenience, annoyance or harm WHILE:
5) blocking the sidewalk or street for pedestrian or vehicular traffic.
Part of "Vehicles and other movable property -- NYC Administrative Code §16-122 this is a violation)
Behavior that is not allowed:
b) On the sidewalk or in the street: leaving any box, barrel or other movable property or erecting a building or obstruction.
Part of “Prohibited Uses” of Parks – Parks Department Regulation §1-04 (this can be a misdemeanor or violation):
Behavior that is not allowed:
o) blocking other persons from using a bench with your person or your stuff
p) camping or maintaining a tent or shelter in park without a permit
Part of “Disorderly Conduct” in Transit Facilities – Transit Authority Rule 1050.7 (this is a violation):
Behavior that is not allowed:
c) Sleeping or dozing in a manner that may be hazardous to others, to their comfort, or to the operation of the transit system
j) Occupying more than one seat in a train or station, or lying on the floor or stairway, or blocking free movement in a station or on a train
SITTING/SLEEPING IN TRANSIT FACILITIES
Part of “Loitering” generally – NY Penal Code §240.35 (this is a violation):
Behavior that is not allowed:
7) loitering or sleeping in transit facility and being unable to satisfactorily explain presence
*It is NOT illegal to sleep sitting up on a train or bus
Public urination is primarily regulated by littering ordinances, with special regulations for parks and transit.
PUBLIC URINATION (GENERALLY) (called “Littering Prohibited”) – NYC Sanitation Code §16-118 (this is a violation):
Behavior that is not allowed:
6) causing / allowing filthy liquid or matter to fall on the streets
PUBLIC URINATION (GENERALLY) (called “Throwing or dropping offensive matter into streets… prohibited”) – NYC Health Code §153.09 (this is a misdemeanor):
Behavior that is not allowed:
Throwing or putting any offensive liquid or substance onto city streets or sewers
Part of "Prohibited Uses" of parks -- Parks Department Regulations §1-04 (this can be a violation or misdemeanor)
Behavior that is not allowed:
k) public urination or defecation in parks
Part of “Disorderly Conduct” in transit facilities - Transit Authority Rule 1050.7 (this is a violation):
Behavior that is not allowed:
a) creating “unsanitary conditions” in transit facilities (urinating in places other than toilets)
When you are ticketed or arrested for a minor offense, you may be offered an ACD plea bargain. Often the judge or lawyer will say something like, “Your case is being dismissed. Just stay out of trouble for six months.” An ACD can offer you immediate freedom BUT there are important things to know about ACDs:
1) A condition of an ACD is often no police contact for six months. If you violate a condition of your ACD you can receive a much harsher penalty than your original violation carried –- like jail time. *If this has happened to you, let Picture the Homeless know -– it is illegal!
2) Under New York’s Criminal Procedure Law §170.55, you can not be given an ACD lasting longer than six months unless it is related to marijuana or family violence.
3) You do not have to take an ACD! If you think you will not be able to avoid police contact or will violate another term of your ACD and do not want to receive a harsh penalty for the violation, ask your Legal Aid lawyer what will happen if you don’t take the ACD.
Generally, when the police ticket and arrest people on the street for quality of life offenses, they do not have a warrant.
Arrests without a warrant;, by police officer; when and where authorized – New York Criminal Procedure Law §140.10:
An officer may arrest a person for:
1) a) any offense committed in his presence (including violations)
1) b) any crime he believes the person committed, in the officer’s presence or not (misdemeanors and above), WHEN
2) a) a violation was committed in the officer’s area of employment
2) b) a misdemeanor or above was committed -– whether or not in the officer’s area of employment
* Note that an officer may not arrest you for a violation that was committed outside of his presence
New York’s “stop and identify law”, NY Criminal Procedure Law §140.50, dictates when the police can ask you to identify yourself. New York’s law also talks about when they can frisk you.
Although the police may demand your name, address, and an explanation of your conduct in these circumstances:
1) this law does NOT mean that you have to produce an identification card, BUT they may arrest you for whatever offense they claim that you are committing and then fingerprint you to verify your identity if you do not; and
2) they are allowed to fingerprint you and identify you if they ARREST you – even if they arrest you for a violation (as long as they claim that they “reasonably suspect” your ID card is false or if you did not offer identification). However, they are not allowed to arrest you solely for not identifying yourself because not identifying yourself is not a crime in New York.
NY Criminal Procedure Law §140.10
1) An officer may stop a person within his geographic area of employment and demand his name, address, and explanation of his conduct WHEN:
- he reasonably suspects the person is committing, has committed, or is about to commit a misdemeanor or a felony (NOT a violation)
NY Criminal Procedure Law §140.10
3) An officer may search a person stopped under the circumstances described at left WHEN he reasonably suspects he is in danger of physical injury AND is searching for a deadly weapon or any instrument capable of causing serious physical injury and is not of a sort usually carried by law-abiding persons in public places.
There are many laws that regulate alcohol possession and consumption, and being under the influence of alcohol in New York City.
Consumption of Alcohol on Streets (Open Container, generally) -- NYC Administrative Code §10-125 (this is a violation):
a) an “alcoholic beverage” contains more than .005 alcohol by volume
b) a “public place” is a place like a street, shopping area, or park that the public has access to.
c) you may not consume, or possess with intent to drink or consume, an open container of alcohol in a public place
d) possessing an open container creates a presumption that you intended to drink it (although you can disprove this presumption)
Part of “Regulated Uses” of Parks - Parks Department Regulations §1-05 (this can be a misdemeanor or violation):
Behavior that is not allowed:
f) 1) drinking alcohol in park or possession (even closed) with intention to drink it
f) 2) appearing in park under influence of alcohol to degree that you endanger or unreasonably annoy others
Part of “Disorderly Conduct” in transit facilities -- Transit Authority Rule 1050.7 (this is a violation):
Behavior that is not allowed:
g) drinking alcohol or possessing an alcoholic beverage
h) entering or being in a station or train where your ability to function safely there is impaired by alcohol or drugs
This information is provided by Picture the Homeless to inform you of your rights and responsibilities under the law. It is not legal advice and cannot substitute for a lawyer.
1) Ignoring a warrant does not make it go away. A warrant can be issued in a number of circumstances, including missing a summons hearing (when you were supposed to go to a court date) and didn’t show up. If you have police contact while you have a warrant, even for a minor violation, the police are required to arrest you for the warrant.
2) If you know whether you have a warrant you can make an informed choice and take control of the situation. If you find out that you do have a warrant, you do not have to clear it up but you have a better sense of your options and of the choices you can make.
3) If you find out that you have a warrant, you can deal with it in a way that is more convenient for you. If you wait until the police pick you up, it may happen at an extremely inconvenient time – like when you’ve started a new job or are sick.
Once you have information about the process for learning whether you have a warrant and how to resolve it, you do not have to use the information to actually clear the warrant. However, having the information will let you know what your options are, and lets you make an affirmative choice – even if that choice is not to act.
There are generally two ways to check on a warrant:
1) Contact the Legal Services Attorney who represented you in your case. They can try to find out if you have a warrant for missing your court date and how to proceed. If your case was in Manhattan, your case has been assigned to one of four different public defender agencies. You may have to call them all, with your name and birth date, to find out who your lawyer is:
Legal Aid: 212-298-5000 (ask for Central Records)
New York County Defender services: 212-803-5100
Neighborhood Defender Services of Harlem: 212-876-5500
18-b Assigned Counsel Plan: 212-676-0066 (general number – it can be difficult to get someone on the line but keep trying different extensions) OR 212-676-0087 and speak with Ms. Rodriguez (you can also leave a message for her and she will call you back).2) Call the Summons/Records Department of the court where your missed hearing was scheduled. They can tell you if you have a warrant or “open case” (which is not necessarily a warrant). If they will not tell you whether you have a warrant over the phone, you can also go into the court clerk’s office personally.
Summons/Records at 100 Centre Street and 346 Broadway: 646-386-4869 OR 646-386-4906 (the line may ring for awhile without anyone picking up. Just keep trying the number.)
Summons/Records at Midtown Community Court: 646-246-1311
To resolve a warrant, you will have to go to the Court Clerk’s office at the courthouse where your missed hearing was scheduled, so that a new court date can be set.
Although the court has the authority to have you arrested for missing your court date, you will probably not be. Instead, if you go at 9am when the court first opens, you will probably have a hearing to set a new court date. You will likely have to wait at the courthouse for a few hours while they find the records of your case.
It is best to have your lawyer with you for these proceedings. However, if you are there without a lawyer, you should be prepared to tell the judge why you missed your hearing date (documentation – like proof that you were in the hospital – is good to bring). It is unlikely that the facts of the case will be discussed, and the judge will probably tell you not to miss any more court dates, set a new hearing date for you and let you go. If you have missed a lot of hearing dates in the past, the judge may set bail to ensure that you appear at your hearing. (This is not a guarantee of what will happen to you – it is just what happens to most people when they go to court to resolve a warrant).
1) Pleading not guilty to a ticket by mail makes it more likely that the ticket will be dismissed early in the process and you will not have to go to court about it.
2) Fighting bogus tickets is a step towards greater justice and less police harassment. In 2005, New York City made over $5 million on summonses (the little pink tickets). The top two summons offenses were open container and disorderly conduct. By fighting back against bogus tickets, we can let the city know that homeless people are not an easy target for them to profit off of.
WITHIN 48 HOURS (2 DAYS) OF RECEIVING THE TICKET, YOU MUST:
1) Fill in the information in the box on the bottom of the back of the ticket under the words “I hereby plead not guilty” – name, address (so that they can contact you – remember apartment numbers), signature, and date.
2) Address an envelope to the Not Guilty Unit of the court where you have to make your appearance, which should be written on the front of your ticket. The full address of each of the courthouses where summons hearings occur in the 5 boroughs is to the right.
3) Write a short statement on a separate piece of paper about why you are not guilty (what you were doing, what the cop did, any mistakes on the ticket, etc. This does not have to be in legal language, just try to write in short, clear, legible sentences. Including this statement with your ticket is not required in order to plead guilty, but makes it more likely that your ticket will be dismissed. This statement can also be good evidence if you have to go to trial.
4) Make a photocopy of both the front and back of the ticket and write on your copy the date that you mailed the originals in – keep these copies in a safe place for your records.
5) Mail the original of the ticket and your written statement. Wait. If you do not hear from the court within 30 days of mailing in your ticket, show up to the court date written on your original ticket and bring copies of the ticket and written statement as evidence that you tried to plead not guilty. If the court does mail you back a letter giving you a new court date, make sure to go to your trial. This is your chance to defend yourself and be found “not guilty” by the court.
These are the courts that your summons hearing may be at, that you may have to mail your “not guilty” plea to your ticket to, or that you may have to go to in order to resolve a warrant. To plead not guilty to a ticket by mail, make sure to address your ticket to the “NOT GUILTY UNIT” of the court your hearing is at:
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BRONX 215 East 161st Street Bronx, NY 10451 |
BROOKLYN 88-94 Visitation Pl. Brooklyn, NY 11231 |
| MANHATTAN 346 Broadway New York, NY 10013 |
MANHATTAN 314 W 54th Street New York, NY 10019 |
| QUEENS 120-55 Queens Blvd Kew Gardens, NY 11415 |
STATEN ISLAND 67 Targee Street Staten Island, NY 10304 |
1) Knowing the law is an important tool in fighting police abuse. If you know the law, you can know what to look for in police interactions when you think that the police were violating your rights.
2) Just because you are ticketed or arrested for something does not mean that you were doing something illegal. The police can make mistakes in filling out paperwork or be wrong about the law, and you have the right to defend yourself against these errors.
3) Common mistakes that the police make are writing the wrong charge or number of the law associated with that charge on your ticket or paperwork. Sometimes the police will write something down that does not match your behavior or will charge you with something (like panhandling) that is not illegal. You can use your knowledge of the law to challenge these types of mistakes in court and as a way to hold the police accountable.
Once you know the law, you can make informed decisions about what your options are and what actions you want to take. You are not a victim of the law, but can be an active participant – from challenging tickets and arrests on an individual level, to educating others on their rights and working for social change.
There are a number of different ways that you can check on an upcoming court date. If you still have your summons (little pink ticket), the court date should be on the front of it. If you can’t find the summons, there are several other ways to check on your court date:
1) Call or visit the court clerk at the court where your hearing is scheduled
2) Ask your public defender
3) check online on the New York Unified Courts online “WebCrims” system (free internet access is available at New York Public Libraries). This publication details how to do each of these.
2) In each of the boroughs, there are multiple Public Defender agencies. You may have to call all of the agencies in the borough where your case is taking place in order to figure out which one is representing you.
MANHATTAN:
Legal Aid: 212-298-5000 (ask for Central Records)
New York County Defender Services: 212-803-5100
Neighborhood Defender Services of Harlem: 212-876-5500
18-b Assigned Counsel Plan: 212-676-0066 (this is a difficult number to get through on – be patient and try different extensions) OR call 212-676-0087 and speak with Ms. Rodriguez (you can also leave a message for her and she will call you back).
BROOKLYN:
Legal Aid: 718-237-2000 (ask for Central Records)
Brooklyn Defender Services: 718-254-0700
18-b Assigned Counsel Plan: 212-676-0066 (this is a difficult number to get through on – be patient and try different extensions) OR call 212-676-0087 and speak with Ms. Rodriguez (you can also leave a message for her and she will call you back).
BRONX:
Legal Aid: 718-579-3000 (ask for Central Records)
Bronx Defenders: 718-838-7878
18-b Assigned Counsel Plan: 212-676-0066 (this is a difficult number to get through on – be patient and try different extensions) OR call 212-676-0087 and speak with Ms. Rodriguez (you can also leave a message for her and she will call you back).
QUEENS:
Legal Aid: 718-286-2000 (ask for Central Records)
Queens Law Associates: (probably out-of-date) 718-286-2000 (ask for Central Records)
18-b Assigned Counsel Plan: 212-676-0066 (this is a difficult number to get through on – be patient and try different extensions) OR call 212-676-0087 and speak with Ms. Rodriguez (you can also leave a message for her and she will call you back).
STATEN ISLAND:
Battiste Aronowsky & Suchow (probably out-of date) 718-354-3200
18-b Assigned Counsel Plan: 212-676-0066 (this is a difficult number to get through on – be patient and try different extensions) OR call 212-676-0087 and speak with Ms. Rodriguez (you can also leave a message for her and she will call you back).
Maybe Legal Aid would know any others?
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MANHATTAN 346 Broadway New York, NY 10013 646-386-4511 |
MANHATTAN 100 Centre Street New York, NY 10013 646-386-4511 |
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MANHATTAN 314 W 54th Street New York, NY 10019 |
BRONX 215 E 161st Street Bronx, NY 10451 718-590-2858 |
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BROOKLYN 88-94 Visitation Pl Brooklyn, NY 11231 718-923-8200 |
BROOKLYN 120 Schermerhorn Steet Brooklyn, NY 11201 |
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QUEENS 120-55 Queens Blvd Kew Gardens, NY 11415 718-298-0792 |
QUEENS 125-01 Queens Blvd Kew Gardens, NY 11415 718-298-0792 |
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Staten Island 67 Targee Steet Staten Island, NY 10304 718-390-8409 |
Step 1: Log onto the internet and go to http://iapps.courts.state.ny.us/webcrim
Step 2: Click the “Log in as Guest” button. This will take you to a page with a word that you have to type. Type that word and press the “Submit” button.
Step 3: Click the underlined words “Case Searches”.
Step 4: You can search for your court date in a number of different ways, like by your name or your summons number. These types of websites work best when you only search by one type of information (like your first and last name OR your summons number), rather than searching by all of these types of information at once.
Type in the type of information you would like to search by and click on the “Get the Cases” button. If you can’t find your information, try again and do a different type of search (like by summons number if you searched by name before). If you find your case, you can find out more information by clicking on the words that are blue and underlined.
IF YOU CANNOT FIND YOUR COURT DATE:
Do not worry – sometimes it takes awhile for your information to appear on WebCrims. You can email WebCrims at webcrims@courts.state.ny.us with as much information as you know (name, summons number, name of the county and court). You can also try asking your public defender or contacting the court directly, as are described on the other side of this publication.