Criminal Tresspassing

[kmr]

My question involves criminal law for the state of: New jersey

Story behind charges:

In December I went to a walmart with a friend of mine who decided to set off a stink bomb and he got caught. The security manager asked who did it and he admitted it was him and that I wasn't involved. He was taken to the back room to sign a paper saying he wouldn't come back to that store while I was told to wait at the service desk. After he signed the papers he was told to leave so I left with him. About 1 month later I went back to the store, he was supposed to wait in the car but came in a few minutes after me. The security guard seen him and called the police having both of us arrested. The police let him go and sent me to county. Since January I've been in and out of the court 7 times for this trial and it's been postponed each time.

Question:
Am I guilty in this case, and if so what penalties am I facing? I have no criminal background. And if I'm not can I counter sue for wrongful arrest or anything else?

I appreciate any help you can offer.

[LawResearcherMissy]

Are you guilty of what? Trespassing? In my opinion, no, but that and $5 will get you breakfast at McDonald's.

If you've been to court so many times, why have you not consulted an attorney to see about having the charges dropped or dismissed?

[kmr]

I have a public defender, I asked him if he could get a dismissal but they won't drop the charges.

[KeyWestDan]

You should do some research into the elements of the crme you are charged with.

And it sounds like you did not sign any agreement or get any trespass warning not to enter the store again. Your friend can't sign for you, he has no standing.

You are both morons for setting off a stinkbomb. At the same time, there is something wrong with your arrest and charge. You need to get to the bottom of it.

And that guy is still your friend after he snitched on you? It wasn't like he was facing all sorts of time in prison or under big time pressure... ohhh Walmart security guards are so bad. What a pathetic loser.

A store is a quasi-public place and I am pretty sure you would have to have had some advance notice that you could not enter the store again.

It makes no sense they arrested you and not your friend. You must be leaving something out.

[tc498]

Ask about a diversion program or if it's possible to reduce the charge to a non criminal one .In new york there criminal trespassing and trespassing which is a violation and not a misdemeanor. A private lawyer might be able to get you a better outcome.It might be worth contacting one if they offer a free consultation just to get a 2nd opinion.

[esq145]

since its your first time running into a situation with the law have you inquired about a ACD? which would essentially be community service and staying out of trouble for 6 months then the charges would be dismissed

and i agree with tc498 get a second opinion

[tc498]

The person is in nj,idk if they have a simalair diversion program there. It worth asking about a diversion program.