Subway Turnstile Jumping.

New York Penal Law § 165.15(3) addresses theft of services involving the use of railroad, subway, bus, air, taxi, or other facilities with intent to obtain a commercial or other substantial benefit. Fare evasion may be handled as a noncriminal transit violation or, depending on the alleged conduct and prosecutorial discretion, charged as trespass or theft of services under Penal Law § 165.15(3). The New York Penal Law section reads:

A person is guilty of theft of services when, with intent to obtain railroad, subway, bus, air, taxi or any other person, or of business, commercial or industrial equipment or facilities of another person, knowing that he or she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for himself or herself or a third person, he or she uses or diverts to the use of himself or herself or a third person such labor, equipment or facilities.

As noted above, turnstile jumping is a form of fare evasion, and in practice, it is prosecuted as theft of services under the NY Penal Law. Theft of services is also commonly referred to as fare evasion, and in some cases can also be referred to as fare dodging or jumping the turnstiles.

Theft of services is a criminal misdemeanor in New York. In the vast majority of these cases, turnstile jumping is prosecuted as a Class A Misdemeanor. If convicted of a Class A Misdemeanor, the maximum possible sentence is 364 days imprisonment. In most cases, first-time offenders will avoid jail time.

While turnstile jumping is most commonly prosecuted, other forms of fare evasion can also result in criminal charges. Some of the most common forms of fare evasion are:

• Entering a subway through an emergency gate (that closes behind the commuter).
• Entering the subway using a swipe card or MetroCard that has been used to enter and then passed to another commuter.
• Riding a Metro or subway without a swipe card or MetroCard.

When is a New York Subway Fare-Evasion Stop Arrest?

If you jump a subway turnstile, it is possible that you will avoid being arrested. This is true in some cases involving first-time offenders. In this, these cases you will, however, still have to appear in court.

When Can You Avoid Getting a New York Subway Fare-Evasion Ticket?

If you jumped the turnstile in New York and the charge is a misdemeanor, you may be issued an appearance ticket, subject to statutory exceptions.

A desk appearance ticket is essentially a postponement of your arraignment for some time in the future. In practice, however, a desk appearance ticket involves all the same processing as a regular arrest. For example, the ticket can be issued in connection with an incident that requires you to have your fingerprints taken at the precinct, for example. However, upon receiving a ticket, you are generally free to go.

Why Is It a Crime to Jump a Subway Turnstile in New York?

Can You Expunge Your Ticket for Jumping the Turnstile in New York?

No, if you jumped a subway turnstile in New York, this ticket cannot be expunged. With the turnstile jumping misdemeanor, you have two options for a plea bargain. In some cases, your attorney can bargain for an Adjournment in Contemplation of Dismissal (ACD) or a deferred prosecution. An ACD dismissal is generally sealed, but sealing is not the same as expungement and sealed records may remain accessible as provided by law. Instead, the prosecution agrees to postpone the case for six months, after which you have the case dismissed. This is the ideal scenario in a turnstile jumping case. But you need an experienced New York attorney to approach the case.

How Do You Beat the Charges for Fare Evasion in New York?

If you have been arrested for fare evasion in New York, it is important that you get the right advice.

We are here for you and can get you the advice you need in a confidential meeting. As a turnstile jumping defense attorney, we are committed to protecting your reputation and ensuring you do not get punished. Contact us now to receive a free case assessment and set up your consultation.

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Can a New York fare case end without a criminal conviction?

How Does a Case Work for Fare Evasion?

How Likely is a Guilty Verdict for Jumping the Turnstile in New York?

How Long Does a Case for Jumping the Turnstile in New York Take?

If you are going to get charged, then the first thing to know is that these charges are taken very seriously by prosecutors. This means that when you show up in court, this could end in one of two outcomes: either you’ll be offered an Adjournment in Contemplation of Dismissal (ACD), either you’ll have to plead a violation, or you’ll be offered a plea bargain and you must make a decision.

If you have to go to court for this type of offense, then this can take some time. ACDs can take up to six months to get your case sealed, or a violation can take about two or three court appearances. However, this can depend on how early on you get your case handled.

How Do I Fight Fare-Evasion Charges in New York?

A criminal defense lawyer should help you with the details of your case.

Our legal practice at Spodek Law Group focuses on helping our clients resolve their charges as quickly as possible. When you contact our law office, you will get free legal advice from a New York criminal attorney. Depending on your situation, you will get clear answers in a consultation and can plan how to proceed based on the advice you receive. With a New York criminal attorney, there will be no surprising surprises you have to expect at any point in time.

What Are the Penalties for Fare-Evasion and Skipping Subway Tickets in New York?

If you have been arrested for fare evasion in New York, you must get legal advice immediately.

Depending on your previous criminal history and any other relevant information, your attorney can work out a favorable outcome. For first-time defendants, this may be an ACD or a violation plea. If you already have a prior record, it may be the case that you will need to enter a guilty plea. But our experienced criminal lawyers can find ways to help you as well. We will work with the prosecution on the basis of the facts. We will do our best to ensure that you get the best result possible.

Who faces workplace or immigration fallout from a fare case?

What Are the Consequences of Jumping the Turnstile?

Do I Have to Disclose the Ticket on My Application for New York City Teaching Jobs?

If you have an open criminal case that was not yet decided, you might need to list it as an open criminal case on your application. This could be an issue if you want to teach in New York City because they require a good character reference from the employer. For this reason, our criminal attorneys advise you to make sure that you understand what a ticket or arrest for fare evasion means for your profession, and you should talk with a criminal attorney who has experience in this area.

Are FINRA License Holders Required to Disclose a Ticket for Jumping the Turnstile?

A ticket for jumping the turnstile in New York may charge either a noncriminal violation or a crime, depending on the accusatory instrument and alleged conduct. Therefore, FINRA license holders might have a duty to disclose the matter if it falls within Form U4's specified misdemeanor categories; moral turpitude alone is not the Form U4 disclosure test. However, the outcome depends on the severity of the crime, and your attorney should work on minimizing the charges with the help of the authorities.

Will I Have to Return to New York in the Case of a Ticket?

No, this depends on how the ticket was issued. Sometimes, it may be enough for your attorney to show up in court for you. In such cases, you can stay at home, and your attorney will inform you of the case’s outcome.

What are the Immigration Consequences for Non-US Citizens of Jumping the Turnstile?

If you are not a US citizen and you get convicted of jumping the turnstile in New York, it is a crime of moral turpitude. This may trigger several immigration consequences. For example, in New York, it could lead to a guilty verdict or deportation proceedings.

Why can’t old New York fare-diversion promises predict today’s case?

Cyrus Vance, a former Manhattan District Attorney, once announced a diversion policy for individuals arrested for jumping turnstiles. According to the details reported, defendants who had no previous arrests and who complied with court requirements could get their cases dismissed without the penalty of a criminal conviction. However, compliance requirements, such as paying the subway fare they had avoided, could prove difficult for low-income individuals. While the fare at that time was only $2.75, critics claimed that the program was burdensome for homeless people and those who could not afford a basic ticket. Another criticism addressed the public safety exceptions that were allowed for cases involving suspected sex offenders and others who pose a risk to society. Thus, while this system offered a low-risk path for many, the fact that outcomes depended on a defendant’s financial status raised concerns about fairness and equality. With these dynamics in mind, it is clear that historical diversion policies are not a blueprint for today’s legal landscape. When facing charges, it is essential to get current legal advice from a qualified attorney who understands the latest statutes and prosecutorial strategies in New York. At Spodek Law Group, our team of legal professionals represents clients in Manhattan and surrounding areas. We provide a thorough analysis of your case and help you navigate the legal process effectively. Contact us now to arrange a confidential consultation and learn how we can protect your interests in court.

If You Want Someone to Look at Your Case

Reading about a charge is not the same as having someone read your file. Spodek Law Group keeps an attorney on call around the clock, and the first consultation costs nothing and runs as long as your questions do. The number is 888 348 8028.