NYC Desk Appearance Ticket Attorneys

Theft of Services (PL 165.15)

Click here to learn more about Desk Appearance Tickets, generally.

 

Theft of services is a Class A misdemeanor under Penal Law 165.40. It is a very common charge that typically applies where there is an allegation that the defendant failed to pay taxi fare, subway fare, a restaurant bill, or a hotel bill (though this is hardly an exclusive list). Interestingly, this charge applies whether the alleged theft involved a $2.75 subway fare or a $2,000 bar tab – the value of the services stolen is irrelevant.    

 

Subway Cases

Although police officers sometimes issue civil summonses for subway fare thefts in lieu of making criminal arrests, we still see a number of Desk Appearance Tickets being issued for jumping over subway turnstiles, “doubling up” through a turnstile, entering through an open exit gate, or unlawfully using someone else’s MetroCard (i.e. student card or senior citizen). First-time offenders can typically avoid incurring criminal convictions through community service or rehabilitation/education programs.

 

Taxi Cases 

We routinely see cases involving people – who sometimes have drank a few too many drinks – get into taxis late at night only to realize that they forgot their wallets or don’t have any money. Taxi drivers will then call the police and have these unfortunate passengers arrested, despite those passengers’ sincere attempts to fix the situations. Typically, we have been able to negotiate adjournments in contemplation of dismissal (ACDs) with restitution, meaning a repayment for the unpaid fare.  

 

Restaurant, bar and hotel cases

Individuals that allegedly fail to pay their bills at restaurants, bars and hotels are typically charged with Theft of Services. However, in contrast to the subway and taxi cases, these cases frequently do involve large amounts of money. Thus, despite the fact that the establishments typically do not care what happens to the accused person so long as they get compensated for their losses, we find that it can be more difficult to get non-criminal dispositions in these cases if the value of the services is significant. 

 

The maximum legal penalty for a conviction of this charge is one year in prison. One can also be sentenced to three years of probation. More typical results for these cases for first time offenders include non-criminal dispositions with community service and/or restitution, meaning repayment of the allegedly stolen services. However, there a whole host of other potential consequences to these arrests and convictions - see at the bottom of the page for a more exhaustive list, and call us if any of those items may apply to you.  

 

Notably, if you are a non-citizen, a conviction for this crime can be classified as a “crime involving moral turpitude,” or CIMT, that might have serious negative consequences for you, including potential future inadmissibility or even present deportability. Some seemingly excellent dispositions may also jeopardize your ability to get or renew a visa.  Click here to learn more.  

 

If you are a FINRA-licensed broker, an arrest for this charge MUST be disclosed on your U4 form, and will have to remain there forever, as it is a crime involving theft. Certain types of routine dispositions on these cases can also make you ineligible to work for an FDIC-insured institution, as well. Click here to learn more.  

 

 

The potential penalties from this Desk Appearance Ticket:

Up to 1 year in jail.

Up to 3 years of probation.

Fines up to $2,000.

Community service.

Restitution for the stolen services.

Immigration consequences including deportation.

Employment problems.

Permanent career consequences for financial sector (FINRA), governmental, and other professional employees.

Consequences for aspiring university students and graduate students, as well as those seeking financial assistance.