Can a person get arrested for not carrying ID in New York? 4 Answers as of April 04, 2011

A relative of mine was arrested in NY for not having his ID does that violate any of rights? and if so is there anything he can do about it?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, he should hire an attorney to get the charge dismissed or other favorable plea bargain.
Answer Applies to: New York
Replied: 4/4/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
He was probably charged with more than not having ID. It is not a crime to not have ID, every jogger or person at a public pool would be subject to being arrested. The police in Manhattan harass minorities and have quotas to meet so they arrest people for blocking the sidewalk, sleeping on the subway, or anything else they can come up with, some of which are actually crimes or violations.
Answer Applies to: New York
Replied: 4/1/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
There is no obligation to carry identification to the best of my knowledge and I do not know what NYS statute he was charged with for failing to carry his ID. I suggest he consult with an expert in criminal defense law as well as a civil rights lawyer. Good luck.
Answer Applies to: New York
Replied: 4/1/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
I am not aware of a requirement to carry ID. I wonder what the police version is? Was your relative charged in court? I am a former federal and State prosecutor and now handle criminal defense and civil rights cases. Your relative may have a false arrest case for which a Notice of Claim should be filed within 90 days of the incident to protect the State law claim. Feel free to check out my web site and contact me if your relative is looking to retain counsel.
Answer Applies to: New York
Replied: 4/1/2011
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