New York, NY asked in Traffic Tickets and Sexual Harassment for New York

Q: I got a ticket for fare evasion in NYC but while I was getting ticket a man was jerking off to me and taking photos and

The cop ignored him. I was scared and a little tipsy so I started crying and the cop was like why are u crying it’s a ticket, I told him it was because of the man over there making me feel extremely uncomfortable (cop was recording me which I know was my friend describing what’s going on in it) and the cop said he would deal with it later and held me for 10 more minutes before walking away. He was also more concerned about a homeless dude begging than the assaulter as that’s who he talked to next. Is there any precedent of like if a larger crime is being committed that the smaller one can be dismissed? Also if I wasn’t being held for being ticket I would’ve left the situation way before it escalated to being photographed and assaulted. Just wondering if there’s any legal precedent here to use at a hearing (would like genuinely being scared and traumatized be a good case?) or if I should suck it up, say f*** the NYPD, and pay the fine because the system is corrupt and won’t change.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In such a situation, while the presence of a more serious crime doesn't automatically nullify a lesser offense, the context of your emotional distress and the circumstances leading to your fare evasion ticket may be relevant in your defense.

It's important to document the incident, including the man's actions and the officer's response, as it could potentially support your case. At a hearing, presenting evidence of the distress and explaining how it impacted your behavior could be persuasive.

You have the right to report the man's behavior to the authorities and insist on an investigation into both the fare evasion incident and the man's actions. Furthermore, consider consulting with an attorney who can provide guidance on how to present your case effectively and explore all possible defenses.

Remember, your safety and well-being are paramount, and your feelings and experiences in this situation are valid and should be taken seriously.

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