Facing Trespassing Charges in Scotch Plains, NJ? Get Expert Legal Help from Brett M. Rosen, Esq.
Trespassing Attorney Scotch Plains, NJ
Have you been accused of trespassing in Scotch Plains, New Jersey? Don’t dismiss it as a minor offense. A trespassing conviction can lead to penalties such as fines, jail time, and a criminal record that could affect your future opportunities.
At the Law Office of Brett M. Rosen, Esq., we understand the complexities of New Jersey trespassing laws and the specific procedures of the Scotch Plains Municipal Court. Our experienced legal team is dedicated to providing you with aggressive defense strategies and unwavering support to protect your rights and minimize the potential consequences.
Why Choose Us for Your Trespassing Defense?
- Local Expertise: We have extensive knowledge of New Jersey trespassing laws and vast experience representing clients in Scotch Plains Municipal Court.
- Proven Success: Our firm has a strong track record of successfully defending clients against trespassing charges, achieving dismissals, reduced charges, and favorable outcomes.
- Personalized Attention: We take the time to listen to your side of the story, understand your concerns, and tailor our defense strategy to your specific needs and goals.
- Compassionate Advocacy: We recognize the stress and anxiety a trespassing charge can cause and provide empathetic guidance and support throughout the legal process.
- Aggressive Representation: We are tireless advocates for our clients, fighting diligently to protect your rights and achieve the best possible outcome for your case.
Understanding Trespassing Charges in Scotch Plains, NJ
Under New Jersey law, trespassing is the unauthorized entry onto another person’s property without their permission or legal right. This includes private residences, businesses, schools, government buildings, and even some outdoor areas.
Trespassing offenses are classified as:
- Petty Disorderly Persons Offense (PDPO): This is the most common type of trespassing charge, punishable by up to 30 days in jail and fines up to $500.
- Fourth-Degree Crime: If the trespassing involves entering a structure to commit a crime, it may be charged as a fourth-degree crime, punishable by up to 18 months in prison and fines up to $10,000.
- Third-Degree Crime: Trespassing on certain types of property, such as schools, nuclear power plants, or research facilities, can be charged as a third-degree crime, punishable by up to 5 years in prison and fines up to $15,000.
Defenses Against Trespassing Charges
Our experienced attorneys will carefully evaluate the evidence against you and develop a robust defense strategy tailored to your case. Potential defenses include:
- Consent: Proving that you had permission to be on the property from the owner or someone with authority to grant access.
- Necessity: Arguing that you entered the property to prevent imminent harm to yourself or others.
- Public Property: Demonstrating that the property in question is public and accessible to everyone.
- Mistake of Fact: Claiming that you mistakenly believed you had the right to be on the property.
- Insufficient Evidence: Challenging the sufficiency of the evidence to prove the elements of trespassing, such as proving ownership of the property or establishing that you knowingly entered without permission.
The Trespassing Process in Scotch Plains Municipal Court
If you are charged with trespassing in Scotch Plains, your case will typically proceed as follows:
- Complaint and Summons: The property owner or law enforcement will file a complaint, and you will receive a summons to appear in Scotch Plains Municipal Court.
- Arraignment: At your arraignment, the charges will be read, and you will enter a plea of guilty or not guilty.
- Pre-Trial Conference: If you plead not guilty, a pre-trial conference may be scheduled to discuss potential plea deals or prepare for trial.
- Trial: If no plea agreement is reached, your case will proceed to trial, where the prosecution must prove your guilt beyond a reasonable doubt.
- Sentencing: If you are convicted, the judge will impose a sentence based on the severity of the offense, your prior criminal history, and other factors.
Frequently Asked Questions (FAQs)
- What should I do if I am accused of trespassing in Scotch Plains, NJ?
Contact an attorney immediately. Do not speak to law enforcement or the property owner without legal counsel.
- Can I get a trespassing charge expunged from my record?
In some cases, you may be eligible to expunge a trespassing conviction from your record. The eligibility requirements and the expungement process can be complex, so it is important to consult with an attorney.
- What are the consequences of a trespassing conviction in Scotch Plains?
The consequences of a trespassing conviction can vary depending on the circumstances of your case. They may include fines, jail time, probation, community service, and a permanent criminal record.
- Can I be charged with trespassing if I was invited onto the property?
If you were initially invited onto the property but then asked to leave and refused, you could be charged with trespassing.
- What are the chances of getting a trespassing charge dismissed?
The chances of getting a trespassing charge dismissed depend on the specific facts of your case. An experienced attorney can evaluate the evidence, identify potential defenses, and negotiate with the prosecution to achieve the best possible outcome.
Contact Brett M. Rosen, Esq. for a Free Consultation
If you are facing trespassing charges in Scotch Plains, NJ, don’t let fear or uncertainty control your future. Contact the Law Office of Brett M. Rosen, Esq., today for a free and confidential consultation. We will review your case, discuss your options, and develop a personalized defense strategy to protect your rights and minimize the impact on your life.
Call us at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free consultation.
Remember, you have the right to a strong defense. Let us fight for your future.