Trespassing Attorney Union Township, NJ

Trespassing Defense Attorney Union Township, NJ

While often perceived as a minor infraction, trespassing charges in Union Township, New Jersey, can carry significant consequences, including jail time, hefty fines, and a permanent criminal record. It can range from a petty disorderly persons offense, to a fourth-degree indictable crime. Whether you’ve been accused of entering private property without permission, refusing to leave when asked, or engaging in prohibited activities on someone else’s land, understanding your rights and the potential penalties is crucial.

Don’t Let a Trespassing Charge Tarnish Your Record: Understand the Law & Protect Your Rights

At Brett M. Rosen, Esq., we recognize that even seemingly minor charges can have a lasting impact. We’re committed to providing you with aggressive and compassionate legal representation to defend against trespassing charges in Union Township, NJ. With a proven track record of success and a commitment to protecting your rights, Brett M. Rosen, Esq. offers expert legal representation in trespassing cases. Here’s why:

• He’s Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, Brett M. Rosen brings unparalleled expertise and dedication to each case.
• He’s been recognized as a Top Criminal Attorney by Super Lawyers, Law & Crime, and LA Weekly.
• He’s obtained acquittals, most recently in Union County where his client was facing over 5 years in prison. 

Whether you’re facing charges or need legal advice, our firm is here to provide the personalized attention and aggressive defense you deserve. Contact us today for a consultation and take the first step towards securing your future.

Trespassing in New Jersey: Decoding the Law (N.J.S.A. 2C:18-3)

New Jersey law, specifically N.J.S.A. 2C:18-3, defines various scenarios that can constitute a trespassing offense:

• Unlicensed Entry of Structures: Entering or remaining in any structure without permission or license to do so.
• Defiant Trespass: Knowingly entering or remaining on property after receiving notice against trespass (e.g., verbal warnings, posted signs, or a court order).
• Peering into Windows: Peering into windows or other openings of a dwelling or structure adapted for overnight accommodation.

Severity and Penalties for Trespassing in Union Township, NJ

The severity of the trespassing charge and the corresponding penalties depend on several factors:

• Type of Property: Trespassing on a dwelling (a place used for overnight accommodation) is considered more serious than trespassing on other types of property.
• Peering into Windows: This trespassing is typically a more serious offense than a defiant trespassing charge.
• Defiant Trespass: If you knowingly trespass after being warned or ordered to leave, the charge may be elevated to defiant trespass, which carries harsher penalties than simple trespassing.

Here’s a breakdown of the potential penalties for trespassing offenses in Union Township, NJ:

• Petty Disorderly Persons Offense:

  • Applies to simple trespassing on property other than a dwelling.
  • Penalties include:
    
    • Up to 30 days in jail
    • A fine of up to $500

• Disorderly Persons Offense:

  • Also applies to trespassing on property other than a dwelling.
  • Penalties include:
    
    • Up to 6 months in jail
    • A fine of up to $1,000

• Fourth-Degree Crime:

  • Applies to trespassing in a dwelling or power plant facility.
  • Penalties include:
    
    • Up to 18 months in prison
    • A fine of up to $10,000

Beyond the Penalties: Additional Consequences of a Trespassing Conviction

A trespassing conviction, even for a seemingly minor offense, can have lasting consequences beyond the immediate penalties. It can:

• Create a criminal record: This can affect your ability to obtain employment, housing, or professional licenses.
• Damage your reputation: A conviction can tarnish your reputation and create challenges in your personal and professional life.
• Impact your immigration status: For non-U.S. citizens, a trespassing conviction can lead to deportation or other adverse immigration consequences.

Potential Defenses Against Trespassing Charges

Every trespassing case in Union Township, NJ is different, and the defense strategies employed will depend on the specific facts and circumstances. Some common defenses include:

• Lack of Intent: A key element of trespassing is knowingly entering or remaining on someone else’s property without permission. If we can demonstrate that you lacked this knowledge or intent, for instance, if you believed you had permission or were unaware you were on private property, the charges could be dismissed or reduced.
• Consent: If you had the owner’s consent, or reasonably believed you had consent, to be on the property, this can be a strong defense.
• Necessity: If you trespassed due to an emergency or to prevent harm to yourself or others, this could serve as a defense.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of trespassing beyond a reasonable doubt, we can challenge the charges.
• False Accusations: If you believe you’ve been falsely accused, we will thoroughly investigate the allegations and gather evidence to prove your innocence.

Frequently Asked Questions About Trespassing Charges in Union Township, NJ

1. What should I do if I’m accused of trespassing?

   • Remain calm and respectful. Don’t resist or argue. Exercise your right to remain silent and ask to speak with an attorney immediately.

2. Can I be charged with trespassing even if there were no “No Trespassing” signs?

   • Yes, the absence of signs doesn’t grant automatic permission. If the property is clearly private or enclosed, entering without permission can still lead to trespassing charges.

3. What if I thought I had permission to be on the property?

   • If you genuinely believed you had permission, even if it was a mistake, it can serve as a potential defense.

4. Can I be charged with trespassing if I’m on public property but after hours?

   • Yes, you can be charged if you’re on public property during restricted hours or engaging in prohibited activities.

5. Can I be charged if I’m with someone who has permission?

   • If they explicitly invite you, you’re likely not trespassing. But if the owner asks you to leave and you refuse, you could be charged.

6. What is defiant trespassing, and how is it different from regular trespassing?

   • Defiant trespassing is when you knowingly enter or remain on property after receiving clear notice against trespass. 

7. Can a trespassing charge affect my immigration status?

   • In some cases, yes, especially if related to a dwelling or involving aggravating factors. Consult an attorney if you’re not a U.S. citizen.

Additional FAQs Specific to Union Township, NJ

      8. Can a trespassing charge be expunged from my record?

• Yes, under certain circumstances, you may be eligible to expunge a trespassing conviction after a waiting period. An attorney can assess your eligibility and guide you through the process.

9. What are the consequences of a trespassing conviction on my housing situation?

• A conviction can make it difficult to find housing, as landlords often conduct background checks.

10. What if I’m facing multiple charges in addition to trespassing?

• If you’re facing multiple charges, it’s even more crucial to have an experienced attorney who can develop a comprehensive defense strategy.

11. Are there specific areas in Union Township, NJ where trespassing is more strictly enforced?

• While trespassing laws apply uniformly throughout Union Township, certain areas may see stricter enforcement, such as:
  
  • Schools and school grounds
  • Public housing complexes
  • Private residences, especially during nighttime hours
  • Construction sites and abandoned buildings
  • Parks and recreational areas after closing hours

12. What are the typical bail conditions for a trespassing charge in Union Township Municipal Court?

• For first-time offenders charged with a petty disorderly persons or disorderly persons offense for trespassing, release on your own recognizance (ROR) is common. This means you’ll be released without having to post bail.
  

  • However, the judge may impose certain conditions, such as:

    • Staying away from the property in question
    • No contact with the property owner or other individuals involved
    • Appearing in court for all scheduled hearings

  • In cases involving more serious charges, such as fourth-degree criminal trespass or repeat offenses, the judge will set conditions of release.

Extra FAQs on Trespassing