Trespassing Charges Attorney Fanwood, NJ

Trespassing Charge Attorney Fanwood, NJ

Trespassing may seem like a minor offense, but in New Jersey, it can carry serious consequences, including fines, jail time, and a lasting criminal record. If you’re facing a trespassing charge in Fanwood, NJ, it’s crucial to understand your rights and legal options. Brett M. Rosen, Esq., a Certified Criminal Trial Attorney with extensive experience in criminal defense, provides this comprehensive guide to help you navigate the complexities of trespassing charges and build a strong defense.

Why Choose Brett M. Rosen, Esq. for Your Trespassing Case?

Brett M. Rosen is not just an attorney; he’s a dedicated advocate who will fight tirelessly to protect your rights and achieve the best possible outcome for your case. Here’s why he stands out as a top choice for trespassing defense in Fanwood:

• Extensive Experience in Criminal Defense: Brett M. Rosen has a deep understanding of New Jersey trespassing laws and a proven track record of successfully defending clients against a wide range of criminal charges, including trespassing, disorderly conduct, and other related offenses. He knows the strategies that work and will use his experience to build the strongest possible defense for you.

• Certified Criminal Trial Attorney: He holds the prestigious certification by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in the state. This certification underscores his mastery of courtroom tactics, evidence presentation, and persuasive advocacy, essential qualities for effectively representing clients facing criminal charges.

• Relentless Pursuit of Justice: Brett M. Rosen is a passionate advocate who believes in fighting tirelessly for his clients’ rights. He understands that facing criminal charges, even seemingly minor ones like trespassing, can be a stressful experience. He is committed to providing unwavering support and guidance throughout the entire legal process, ensuring your voice is heard and your rights are protected.

• Masterful Negotiation Skills: While prepared to take any case to trial, Brett M. Rosen is also a skilled negotiator. He recognizes that sometimes the best outcome can be achieved through strategic negotiations with the prosecution. He will leverage his negotiation skills to explore all possible avenues for a favorable resolution, whether it’s a plea agreement, a reduced sentence, or even a dismissal of charges.

• Client-Centered Approach: At the heart of Brett M. Rosen’s practice is a deep commitment to his clients. He understands that each case is unique and that every client deserves personalized attention and unwavering support. He will take the time to listen to your story, understand your concerns, and answer your questions, ensuring you feel informed and empowered throughout the legal process.

Understanding Trespassing Charges in Fanwood, New Jersey

Trespassing in New Jersey is defined under N.J.S.A. 2C:18-3. It generally involves entering or remaining on someone else’s property without permission or legal authority.

Different Degrees of Trespassing:

• Criminal Trespass: This typically involves entering or remaining in a structure (building, home, etc.) without permission. It’s usually a fourth-degree crime, punishable by up to 18 months in prison and fines up to $10,000.
• Defiant Trespasser: This applies to someone who remains on property after being told to leave by the owner or a representative. It’s a petty disorderly persons offense, punishable by up to 30 days in jail and fines up to $500.
• Peering into Windows: This involves looking into the windows or other openings of a dwelling at night. It’s a fourth-degree crime with the same penalties as criminal trespass.

Elements of a Trespassing Offense:

To secure a conviction for trespassing, the prosecution must prove the following elements beyond a reasonable doubt:

• Entry or Remaining: The defendant entered or remained on the property in question.
• Without Permission: The defendant did not have permission or legal authority to be on the property.
• Notice: The property was properly posted with “No Trespassing” signs, enclosed by a fence, or the defendant was told to leave and refused.

Defenses to Trespassing Charges in Fanwood

Brett M. Rosen, Esq. will meticulously analyze your case and explore all possible defenses to fight your trespassing charge, including:

• Permission: Did you have permission to be on the property? Was there an express or implied invitation?
• Necessity: Were you forced to trespass due to an emergency situation? Did you need to seek shelter or assistance?
• Lack of Notice: Were there clear “No Trespassing” signs or a fence? Was the property adequately marked to indicate that entry was prohibited?
• Mistake of Fact: Did you reasonably believe you were allowed to be on the property? Was there a misunderstanding about the property lines or access restrictions?
• Insufficient Evidence: Can the prosecution prove all the elements of the offense beyond a reasonable doubt? Is there evidence to support your presence on the property and the lack of permission?

FAQs about Trespassing Charges in Fanwood, NJ

• What if I thought I was on public property?

  • Even if you mistakenly believed you were on public property, you can still be charged with trespassing if the property was clearly marked as private or if you were told to leave.

• Can I be charged with trespassing for being in a store after closing hours?

  • Yes, if you remain in a store after it is closed and you don’t have permission to be there, you can be charged with trespassing.

• What is the difference between trespassing and burglary?

  • Burglary involves entering a structure with the intent to commit an offense inside, such as theft. Trespassing does not require intent to commit another crime.

• Can I be banned from a property after a trespassing charge?

  • Yes, the property owner can issue a “no trespass” notice, and if you violate that notice, you can face additional charges.

• What should I do if I am accused of trespassing?

  • Do not argue with the police or resist arrest. Exercise your right to remain silent and ask for an attorney.

FAQs Continued

• What are the specific penalties for trespassing in Fanwood?

  • Penalties vary based on the degree of the offense. They can include fines, jail time, and a criminal record.

• Where will my trespassing case be heard in Fanwood?

  • Most trespassing cases in Fanwood are handled in the Fanwood Municipal Court. More serious trespassing offenses may be heard in the Union County Superior Court.

• What is the role of the prosecutor in a trespassing case?

  • The prosecutor represents the state and has the burden of proving your guilt beyond a reasonable doubt. They decide whether to offer a plea deal or take the case to trial.

• What should I do if I am contacted by the police about a trespassing incident?

  • Do not speak to the police without an attorney present. Contact Brett M. Rosen, Esq. immediately to protect your rights.

Why Choose Brett M. Rosen, Esq. for Your Trespassing Charge Defense?

Facing a trespassing charge in Fanwood, NJ, can be a stressful experience, but you don’t have to face it alone. Brett M. Rosen, Esq. is a dedicated and experienced criminal defense attorney who will stand by your side, providing unwavering support and aggressive representation. He will:

• Conduct a thorough investigation of the charges and the evidence against you.
• Develop a comprehensive defense strategy tailored to your specific circumstances.
• Challenge the prosecution’s case at every stage of the proceedings.
• Protect your constitutional rights throughout the legal process.
• Negotiate with the prosecutor to seek a favorable resolution.
• Provide skilled and effective representation in court.

If you or someone you know is facing a trespassing charge in Fanwood, contact Brett M. Rosen, Esq. today for a free consultation. He is available 24/7 to discuss your case and provide expert legal guidance.

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This information is for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific legal situation.