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  1. #1
    Join Date
    Jan 2006
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    NJ
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    4

    Default Criminal Trespassing Charges

    Tomorrow I have a court date, I am being charged with Criminal Trespassing (N.J.S.A. 2C:18-3a). I have a clean record, never been in trouble. What kind of penalties am I looking at?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Criminal trespass

    Quote Quoting New Jersey Statutes, Section 2C:18-3(a) - Unlicensed entry of structures.
    A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. Otherwise it is a disorderly persons offense.
    Are you charged as if this is a fourth degree offense, or a disorderly persons offense? (If your question boils down to "will I go to jail", absent unusual circumtances or a prior criminal record that would be very unlikely.)

  3. #3
    Join Date
    Jan 2006
    Location
    NJ
    Posts
    4

    Default

    Aaron, I believe it would fall under disorderly person. A couple of my college buddies and I were hanging out by an abandon building. So do you think its only a fine I'm looking at? I really don't have time to do community service(part-time job, 18 credit student this semester) because of time constrictions. So should I just talk to the prosecutor to try to cut a deal in which I only pay a fine?

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    28,620

    Default Trespassing Charge

    I personally would shoot for a delayed disposition, deferment, or dismissal upon payment of a fine.

  5. #5
    Join Date
    Oct 2006
    Posts
    7

    Default Re: Criminal Trespassing Charges

    what is the difference between a fourth degree offense and disorderly persons offense in new jersey ?
    please clarify me this point .
    thank you .

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Criminal Trespassing Charges

    A conviction for a disorderly persons offense is technically not a criminal conviction, and almost never carries jail time. A conviction for a fourth degree crime is a criminal conviction.

  7. #7
    Join Date
    Oct 2006
    Posts
    7

    Default Re: Criminal Trespassing Charges

    state : new jersey

    is a fourth degree offense a felony or a misdemeanor ?

    please clarify me this point .

    thank you .

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Criminal Trespassing Charges

    Neither. It's a fourth degree offense.

  9. #9
    Join Date
    Oct 2006
    Posts
    7

    Default Re: Criminal Trespassing Charges

    state : new jersey

    I was arrested for criminal trespass ( 2C: 18 - 3a ) and I plead guilty for borough ordinance ( disorderly person : 68 - 7) .
    what should I answer on job applications ?
    have you ever been charged of a felony ?
    have you ever been charged of a misdemeanor ?
    please help me .
    thank you .

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