Trespassing Charge Attorney Kenilworth, NJ

Trespassing Charge Attorney Kenilworth, New Jersey

Being accused of trespassing in Kenilworth, New Jersey can be a stressful experience, even if it seems like a minor offense. Trespassing charges can carry significant penalties, including fines and even jail time, and a conviction can have lasting consequences for your reputation and future opportunities. If you’re facing a trespassing charge in Kenilworth, 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 Kenilworth:

• 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 New Jersey

Trespassing in New Jersey is defined under N.J.S.A. 2C:18-3. It essentially 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, house, etc.) without permission. It’s generally 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 of the owner. 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 peering into windows or other openings of a dwelling. It’s also a fourth-degree crime.

Elements of a Trespassing Offense:

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

• Unauthorized Entry or Remaining: You entered or remained on the property without permission or legal right to be there.
• Knowledge: You knew you were not supposed to be there (either through signs, fences, or being told to leave).
• Intent: You intended to enter or remain on the property without permission.

Defenses to Trespassing Charges in Kenilworth

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

• Permission: You had permission, either express or implied, to be on the property.
• Necessity: You were forced to trespass due to an emergency situation, such as seeking shelter from a storm or avoiding danger.
• Lack of Notice: There were no clear “No Trespassing” signs, fences, or other indications that you were not allowed on the property.
• Mistake of Fact: You reasonably believed you were allowed to be on the property, such as if you were given incorrect directions or mistakenly thought it was public land.
• Insufficient Evidence: The prosecution lacks sufficient evidence to prove all the elements of the offense.

FAQs about Trespassing Charges in Kenilworth, NJ

• What if I thought the property was abandoned?

  • Even if you believed the property was abandoned, it can still be considered trespassing if you didn’t have permission to be there.

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

  • Yes, if the park has posted closing hours and you are present after those hours, it can be considered trespassing.

• What if I was just cutting through someone’s yard to get to my destination faster?

  • Cutting through someone’s yard without permission is still considered trespassing.

• Can I be charged with trespassing for being in a store after it has closed?

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

• What should I do if I am confronted by a property owner or the police while trespassing?

  • Remain calm and polite. Leave the property immediately if asked to do so. Do not argue or resist. If the police are involved, exercise your right to remain silent and ask for an attorney.

Additional FAQs

• What are the specific penalties for trespassing in Kenilworth, NJ?

  • Penalties vary based on the degree of the offense. They can range from fines for minor trespassing to jail time for more serious offenses like entering a structure without permission.

• Where will my trespassing case be heard in Kenilworth?

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

• What is the difference between trespassing on private property and trespassing on public property?

  • Trespassing on private property involves entering land or a structure owned by an individual or private entity without permission. Trespassing on public property can involve violating specific rules or regulations, such as being in a park after closing hours.

• Can a trespassing charge affect my immigration status?

  • Yes, in some cases, a trespassing conviction can have immigration consequences, especially if it involves entering a secure facility or is related to another crime.

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

Facing trespassing charges in Kenilworth, NJ, can be a stressful experience. 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 strong defense strategy tailored to your specific circumstances.
• Challenge the prosecution’s case at every stage of the proceedings.
• Protect your rights and ensure you understand 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 trespassing charges in Kenilworth, 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.