Children don’t always know to respect other people’s privacy or boundaries and this can sometimes get them into more trouble than they thought possible. Criminal trespass is a broad statute that encompasses a multitude of different actions and offense levels depending on the circumstances. By retaining an experienced juvenile defense lawyer you can help ensure that your child comes out of this ordeal with no punishment or juvenile record. The attorneys at the Law Offices of John F. Marshall represent juveniles accused of trespassing and are consistently able to get these types of charges dismissed. This is a direct reflection of the devotion and commitment we give to each client’s case. We are available to represent you and your child in any county in New Jersey including Monmouth County, Mercer County, Ocean County, Essex County, Middlesex County, Hunterdon County, and Bergen County.
NJ Trespass Law
A juvenile is guilty of criminal trespassing under N.J.S.A. 2C:18-3 if they knowingly enter a building or structure without permission. Trespassing is usually a disorderly persons offense but it can be escalated to a more serious offense depending on the circumstances. If you have been warned or notified not to trespass and you still unlawfully enter a building then it is a petty disorderly persons. Furthermore, if you are caught trespassing on school property, in someone’s house or a public utilities facility it is a fourth degree crime. In some situations a juvenile can be charged with trespassing even if they never entered a building. For instance, if a juvenile is caught peering into windows or other openings of house or other overnight dwelling then they will be charged with a fourth degree offense. This is considered a trespass because by peering into the window you are invading the privacy of another person because they would not expect to be observed.
Juvenile Trespass Charges
After a juvenile is arrested for trespassing, the court will holding a hearing to determine if the juvenile is delinquent of the crime he or she was charged with. Once the court finds the juvenile delinquent of criminal trespass it will impose a whole host of different non-custodial dispositions including community service, supervision. Incarceration is a possibility but a court will usually not impose detention for a fourth degree or disorderly persons offense if it is a juvenile’s first offense. A juvenile will not be found delinquent of criminal trespassing if they can prove that the structure was either abandoned, open to the public or that juvenile reasonably believed that they had permission to enter the premises or peer into the window.
Under New Jersey law, if your child has been arrested for a crime you must get a lawyer to represent them. By hiring an attorney who specializes in defending juveniles, you maximize your child’s opportunity to beat their trespassing charge. The lawyers from the Law Offices of John F. Marshall will dedicate their time and attention to your son or daughter’s case to decide the best defense. One of our attorneys guide your family through the entire process including the delinquency hearing and resulting disposition hearing to make you sure that your child gets the best possible representation and outcome. Our lawyers represent juveniles all across the state of New Jersey including Monmouth County, Ocean County, Essex County, Middlesex County, Hudson County, and Passaic County. Contact any one of our offices 24/7 to speak to a knowledgeable juvenile defense lawyer free of charge.
