hunterdon county trespassing lawyer in Hunterdon County, New Jersey

I’ve Just Been Charged — What Happens to Me Now?

Receiving a trespassing charge can be startling, and the legal process that follows can feel incredibly overwhelming.

Direct answer: When charged with trespassing, immediately exercise your right to remain silent and seek knowledgeable legal counsel to protect your rights and navigate the legal process effectively.

Reassurance: You’re not alone in feeling worried or uncertain about a trespassing charge; understanding your rights and building a strong defense is possible, and our team is here to help you through every step.

What the Law Says in Hunterdon County, New Jersey

New Jersey law defines trespassing with considerable breadth, encompassing a range of unauthorized entries onto another individual’s or entity’s property.

New Jersey Statute 2C:18-3 specifically addresses what is termed a “defiant trespasser” and also outlines the parameters of “criminal trespass.” A defiant trespasser is an individual who, fully aware that they are not licensed or privileged to be present, enters or remains in any location where notice against trespass has been explicitly given. This notice can be communicated through direct verbal warnings, by prominently posted signs (in a manner prescribed by law to ensure visibility), or by physical barriers such as fencing or other enclosures clearly designed and maintained to exclude unauthorized intruders. A violation of this nature is typically classified as a petty disorderly persons offense. While considered less severe than some other criminal charges, a petty disorderly persons offense still carries potential legal ramifications including imprisonment for up to 30 days, a fine of up to $500, and, notably, the creation of a permanent criminal record that can impact future opportunities. However, the charge of criminal trespass can carry significantly more severe consequences. If your unauthorized entry involves a dwelling or a critical infrastructure facility (such as a power plant, water treatment plant, or airport) without explicit permission, or if you enter any property with the specific intent to commit a separate criminal offense (e.g., theft, vandalism, or assault), the charges can be elevated. Such actions can lead to a more serious classification as a disorderly persons offense or, in the most aggravated scenarios, a fourth-degree crime. A fourth-degree crime in New Jersey is a felony offense and can carry potential penalties of up to 18 months in state prison and a substantial fine of up to $10,000. For a disorderly persons offense, a conviction can still result in a county jail sentence of up to six months and a fine of up to $1,000. Hunterdon County courts are bound to apply these state statutes diligently. The local prosecutors in Hunterdon County will meticulously consider all available facts of your case, which include any relevant prior offenses on your record, the perceived impact of your actions on the property owner or community, and, critically, the strength and validity of the legal arguments presented by your defense attorney. Understanding the intricate nuances of these various laws, how intent plays a role, and how they specifically apply to the unique circumstances of your situation is absolutely paramount to formulating and executing an effective and robust defense strategy.

What You Can Do Today

If you’ve been charged with trespassing in Hunterdon County, New Jersey, taking immediate and decisive action is not just advised, it is absolutely essential.

1. Do Not Speak to Law Enforcement Without Your Attorney Present: Anything you say, even seemingly innocent remarks, can and will be used as evidence against you. Politely but firmly assert your constitutional right to remain silent and explicitly state that you wish to speak with your lawyer before answering any questions.
2. Gather All Documentation and Information: Collect every piece of paperwork you received from the police or court officials, including any citations, summonses, arrest warrants, or formal court notices. Meticulously note down the exact date, precise time, and specific location where the alleged incident occurred. Also, document any pertinent details you can remember about what transpired: who was involved, whether there were any witnesses present (and their contact information if you have it), what the weather conditions were, and the exact sequence of events.
3. Contact an Experienced Trespassing Attorney: The legal system is inherently intricate and challenging to navigate, especially when facing criminal charges. A seasoned and knowledgeable attorney, particularly one with experience in New Jersey’s trespassing laws and a familiarity with the local court procedures in Hunterdon County, possesses the skills and insight to build a strong and effective defense on your behalf. They can review all aspects of your case, clearly explain your legal options, and work to negotiate with prosecutors or represent you vigorously in court to achieve the best possible outcome.

In simple terms: Stay quiet, write down everything you remember, and call a lawyer.

How We Start Building Your Defense

When you choose to engage the Law Offices Of SRIS, P.C., and entrust us with your trespassing case in Hunterdon County, our very first and paramount priority is to initiate a comprehensive, objective, and meticulous evaluation of your specific trespassing charge.

Mr. Sris, along with our team of seasoned and experienced legal professionals, will delve into every minute detail of the case. This includes scrutinizing the exact allegations made against you, understanding the complete circumstances surrounding the incident in question, and thoroughly reviewing all evidence that has been collected by law enforcement and presented by the prosecution. A critical part of this initial assessment involves determining whether all proper legal procedures were adhered to during your arrest and charging, and whether any of your fundamental constitutional rights were, in fact, violated. We also meticulously search for any ambiguities, inconsistencies, or nuances within the applicable New Jersey trespassing laws that could potentially be leveraged to your advantage, thereby strengthening your defense. Defense strategies against trespassing charges are not one-size-fits-all; they are carefully tailored to the unique aspects of each individual case. Common approaches often involve challenging the sufficiency or admissibility of the prosecution’s evidence. For instance, we may argue that you lacked the requisite criminal intent to trespass, which is a fundamental element in many such charges. Alternatively, we might demonstrate that you had a genuine and reasonable belief of permission to be on the property, or that the property in question was not adequately or clearly marked with “No Trespassing” signs or fencing as required by law. Our investigation might extend to examining police reports for procedural errors, interviewing potential witnesses who can corroborate your account, or collecting photographic or video evidence that supports your defense. We work diligently to uncover any factual discrepancies or legal weaknesses in the prosecution’s case. The Law Offices Of SRIS, P.C. is deeply committed to providing resolute and effective defense for clients facing criminal charges, including trespassing, throughout New Jersey. We fully understand the immense stress, anxiety, and profound uncertainty that a criminal charge can inflict upon an individual and their family. Our approach is characterized by providing clear, concise, and empathetic advocacy. We ensure that you are fully informed and understand every stage of the legal process, empowering you to make confident decisions about your case. Our goal is always to protect your legal rights and to pursue every available avenue to achieve the best possible outcome, whether that means negotiating for reduced charges, securing a dismissal, or robustly defending you in court.

We recently assisted a client who was mistakenly charged with trespassing in a similar jurisdiction. The client had entered what they believed to be public access land, unaware that a portion had recently been privatized without clear signage. Through diligent investigation and presentation of evidence regarding the ambiguous property boundaries and lack of adequate notice, we successfully argued for the charges to be dismissed. This outcome prevented a criminal record and allowed the client to move forward without further legal complications.