NYC Employee Arrests: Direct and Collateral Consequences

When anyone is arrested they face the fear of incarceration and a criminal record as well as a degree of embarrassment and shame. For some, even if the case is appropriately resolved, concerns are somewhat alleviated because the general public or employers do not know about the arrest. For others, however, even where a criminal defense attorney secures a dismissal, acquittal or some non-criminal violation or were they were “only” prosecuted with a Desk Appearance Ticket (DAT), there are still significant concerns. While employees of New York City are not the only ones who have to address the consequences of their arrests to their jobs or careers, those who work for the City of New York have strict protocols that they must follow. Whether an arrest is for Third Degree Assault (NY PL 120.00), DWI (VTL 1192), Fifth Degree Criminal Possession of Marijuana (NY PL 221.10), Petit Larceny (NY PL 155.25), Fourth Degree Criminal Mischief (NY PL 145.00) or any misdemeanor or felony offense, it is not only critical for these professionals to properly resolve their criminal case, but to do so in a manner that does not jeopardize their employment with New York City.

The list of employers under the umbrella of New York City is vast just as the crimes they can face. Not exhaustive, these agencies include: Department of Buildings (DOB), Department of Education (DOE), New York City Housing Authority (NYCHA), Office of Payroll Administration (OPA), Department of Social Services / Human Resources Administration (DSS/HRA), Health and Hospitals (HHC), Department of Transportation (DOT), Department of Sanitation (DSNY), Taxi and Limousine Commission (TLC), Department of Investigation (DOI), Department of Correction (DOC), and Office of Labor Relations (OLR). Whether you are a teacher, paraprofessional, administrative assistant, plumber, electrician, investigator, inspector, analyst, or any other employee of these or any agency, the New York City Citywide Administrative Services issues Personnel Service Bulletins (PSBs) that are relevant to both you and your criminal defense lawyer.

PSB 100-11: Important Definitions

An arrest is defined by, among other things, being taken into custody to answer a criminal charge. Moreover, a finding of guilty and a conviction need not happen in New York. Such a resolution can be in any competent jurisdiction and need not require a finding by a jury or a voluntary plea. It makes no difference. Because a criminal charge can encompass too many offenses to analyze each one, know that a criminal charge includes any felony, misdemeanor and even criminal violations. The PSBs including PSB 100-11 apply to all employees of the City of New York. Part time, full time, seasonal, temporary, managerial employees, interns and even volunteers.

If you are unsure about whether the PSBs apply to you, or whether you are charged with a crime or have been technically arrested, consult with your criminal defense lawyer whom you have retained to represent you on your case.

PSB 100-11: Reporting Requirements

Upon your arrest, PSB 100-11 mandates that you advise both the Agency Personnel Officer and the Inspector General. This notification is not merely a “heads up” or phone call, but must be in writing. If there is any timeline to keep in mind, you must inform the Inspector General and Agency Personnel Officer within three days of your arrest, arraignment on an indictment, receipt of a criminal summons, any finding of guilt and the final disposition of your case whether or not you are exonerated.

Once your case is finished and closed in any form you must obtain a certificate of disposition from the clerk of the court where you were prosecuted. Within seven days of this disposition you must provide both parties with the official documentation.

Your Arrest: What You Should Do

It would be terrific to lay out your defense and how you should address your employment in boilerplate and plug in form. The reality is, however, that each person, arrest, circumstance and employment with New York City is different. While your job and career are of the utmost importance, if you do not hire the right legal counsel and criminal lawyer, then you stand not only to compromise and lose your job, but the possibility of having a lifelong criminal record. Nobody needs to tell you that an outcome such as these is completely unacceptable.

There is certainly good news. While you might be suspended or transferred during the pendency of your criminal case, you have rights. Your criminal attorney can protect them in the courtroom and work with you to resolve your case however you believe is the most appropriate. Trial? Mitigation? Plea? Complete exoneration? Again, just as every case is different, so are the defenses to challenging them.

Protect yourself and take the time to educate yourself on the law and charges you now face. Make sure you follow the proper protocol with the City of New York. Once you are convicted or accept a deal, there is no turning back. Contact the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC.

Let advocacy, knowledge and experience be your best defense.

Call the New York criminal lawyers and former prosecutors at (212) 312-7129 or contact us online today.

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