Former Municipal Prosecutors & Highly Experienced Trespass Lawyers in Belmar New Jersey
The Belmar Office of Marshall Criminal Defense defends trespass charges filed in Belmar and Lake Como New Jersey. There are literally hundreds of individuals charged with criminal trespass, possession of a fake ID, interference with business, and similar offenses in Belmar Municipal Court. The highest number of summonses and tickets for these violations occur at Bar Anticipation, D’Jais and the Boathouse. Our Belmar Law Firm happens to have an office located at ground zero and, not surprising, has represented hundreds of patrons arrested for trespass in these community.
The attorneys at Marshall Criminal Defense not only have long history of success appearing on trespass and related charges in Belmar Municipal Court but also possess qualifications that are at the extreme. It simply isn’t worth gambling with a lawyer with limited experience when our firm can offer you:
- A team of fourteen (14) lawyers that dedicate their practice exclusively to defending those accused of criminal and other violations of law
- Over 200 years of combined experience
- Former Monmouth County Prosecutors who have served at both the Superior Court level and in municipal courts throughout the county
- An attorney on staff who served as prosecutor in sessions at the Belmar Municipal Court and Lake Como Municipal Court
- Decades of relationships built throughout the court system that provides us with insight as to the most beneficial and effective approach to avoid a conviction for trespass, use of a fake ID, disorderly conduct, resisting arrest or similar charges arising in Belmar or Lake Como
If you would like to discuss your charge in more detail with an attorney at our firm, please do not hesitate to contact our Belmar Office at 732-681-0080. A lawyer is available to answer your questions and discuss how we can help you 24/7 and initial consultations are free.
Trespass Offense in Belmar Municipal Court
Criminal trespass results in penalties and a criminal record so it is important to contact an experience defense lawyer like those at firm if you have been charged with this violation. The offense known as trespass is set forth at N.J.S.A. 2C:18-3. A defiant trespass involves violation of subsection (b) of this law and is the pedigree of this charge encountered in Belmar Municipal Court. An individual commits defiant trespass if they remain on property after they have been given notice against trespass verbally, through a posted sign or as the result of fencing or other barrier demonstrating an intention to prevent intrusion. A conviction for violating this statute results in criminal record for a petty disorderly persons offense, the equivalent to a misdemeanor.
Whether you were arrested in Belmar or Lake Como, your case will be heard in Belmar Municipal Court. The reason why this is the case is because the municipal court and police department in Lake Como was dissolved in or about 2016. Law enforcement in the municipality is now the responsibility of the Belmar Police Department. The same is the situation with the municipal court in Lake Como. All criminal complaints for disorderly persons offenses and traffic tickets issued in the municipality are handled in Belmar Municipal Court.
The following are some of the more common questions arising in Belmar obstructing the administration of law cases:
Why Was I Charged With Interference With Business and Trespass? A common question raised by prospective clients in this setting is why did I receive a criminal complaint for trespass and then a summons/ticket for “interference with lawful business enterprise”. There is no doubt that it is commonplace for someone arrested/charged with trespass to receive a ticket for a companion violation of Belmar Ordinance 16-26. Our theory is that this summons is written in this setting as a fall back in the event that the prosecutor is unable to prove the criminal charge for trespass under 2C:18-3. Ordinance 16-26 provides that:
It shall be unlawful for any person to, without lawful purpose, unduly interfere with the business operations of any lawful business enterprise conducted upon its property or at its principal place of business, or to cause any undue expenditure of such business enterprise’s resources thereat, within the Borough of Belmar. Any person found in violation of this section shall be liable to the penalty stated in Chapter I, Section 1-5. (Ord. No. 2016-06)
How Does The Prosecutor Prove That Someone Is Guilty Of Trespass? There are four (4) elements that the prosecutor must prove in order to convict you for trespass in Belmar. First, the state must establish that you entered or remained on property owned by another person or entity. The second thing that the prosecutor must prove is that you lacked a license or privilege to being on the property. Third, you must have known that you lacked a license or privilege to remain on the property. The fourth and final element that must be established beyond reasonable doubt is that you were told that you were trespassing and/or had to leave the property.
What Are The Penalties for Trespass? It is a petty disorderly persons offense to commit defiant trespass. The penalties at the time of sentencing include a fine of up to $500 and up to 30 days in the Monmouth County Correctional Institute. A plea or finding of guilt also results in a criminal record that will be discoverable by employers, licensing boards and even immigration authorities.
Is It Possible to Secure a Dismissal of a Trespass Charge? There are several affirmative defenses to a trespass charge written at Paul’s Tavern, Bar Anticipation, D’Jais or another establishment in Lake Como or Belmar although the more likely avenue of attack involves reasonable doubt concerning one of the four (4) elements previously set forth. You should also know that our attorneys have a long history of dismissals in Belmar trespass cases and this is despite some very poor fact patterns at times.
How Can I Avoid a Criminal Record for Trespassing Without Going to Trial? Our extensive experience in handling trespass charges filed in Belmar allows us to secure a dismissal of 2C:18-3 offenses in almost all cases. As Monmouth County’s largest criminal defense firm and attorneys that have been appearing in in Belmar Municipal Court for over twenty (20) years, we cannot even recall a trespass case where we were unable to secure a dismissal. While prior history should not be construed as a guarantee, there is little doubt that there is a very high probability that an attorney from our team will secure an acquittal to your trespass complaint.
Belmar NJ Trespass Offense Defense Lawyer
There is obviously significant opportunity to avoid a criminal record for trespass if you hire our lawyers. Indeed, our success in Belmar Municipal Court over the last 25 plus years has been excellent in terms of helping clients avert trespass and related criminal charges like possession of a fake Id , disorderly conduct and obstructing the administration of law. If you were charged with any of these violations, an attorney at Marshall Criminal Defense is ready to provide a free consultation. Attorneys are available to take your call immediately at 732-681-0080.
