Criminal Trespassing and Soliciiting Without a Permit, NJSA 2c:18-3(b)
My question involves criminal law for the state of: NJ
My uncle has a court date this week for trespassing. My uncle and I believe it is a minor crime. He wasn't doing anything wrong, he was just trying to work. This incident occured in MetLife stadium parking lot on Aug 14. My uncle likes to sell in festivals were he would usually rent a space and sell items of the country being celebrated. On Aug 14 at MetLife stadium there was a soccer game between Mexico and Ivory Coast. So he decides to go and sell some Mexican hats, jersey, and flags. As he is walking back to his car, he is stop by the police. He receives two ticket. One was criminal trespassing and the other one was soliciting without a permit. The second ticket he is clearly guilty of and is willing to pay a fine. At that moment the officer said that the trespassing charge is more serious and based on my research it is. The problem is that at no moment my uncle sneaked in or jumped the fence to get onto the parking lot. He paid the $30 parking ticket to get inside with his vehicle. He still has the parking ticket he received from the cashier. My big concern is if that ticket is enough to defend him? He doesn't want to consider a lawyer because he believes that the judge will either consider the parking ticket or not and that is his only defense. We consulted some lawyers and they all said that they will try to lower the charges with a fee of about $800 and my uncle finds it useless.
I was planning to tell my uncle to plea not guilty on the trespassing charge because if he pleads guilty right away Im scare the judge will give him the maximum sentence. He didnt disturbed anyone nor damaged anything in the parking lot. He was just walking around. In my opinion I believe the trespassing charge should be dismiss and he is guilty for selling without a permit.
a)Can we personally negotiate a deal or dismiss the case without a lawyer?
B)How can we negotiate?
C)From what I read online some people negotiate with the prosecutor, is the prosecutor the person you talk to before talking to the judge?
D)If he pleads "not guilty" what do we have to do next?
E)If he pleads guilty can he still tell the judge his side of the story and make him reconsider his sentence decision?
I'm planning to attend the case with him. He doesn't know how to speak English that well. My other question is if I can translate and talk for him during the court session?
If the judge finds him guilty, what can my uncle expect? I just don't want my uncle go to jail for such a silly thing. He is willing to pay fines and other penalties but jail time is too much.
Do you guys think he will be on probabation for such thing? Will this stay on his record
My uncle is a good civilian and never gets in trouble. His record is clean and is just a working man. He just had bad luck that day
I appreciate everyone's answer and thanks for helping!
Re: Criminal Trespassing and Soliciiting Without a Permit, NJSA 2c:18-3(b)
Quote:
Quoting NJSA 2c:18-3(b)
b.
Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
The statute does not say he has to hop over the fence. It says that a fence that is "manifestly designed to exclude intruders" is sufficient notice that trespassing is not permitted. Odds are the basis of the charge comes in the form of posted signs that prohibit soliciting, consistent with their rule that "Unauthorized soliciting or the collection of contributions, vending, distribution of flyers, or other materials is not permitted" and, in more detail,
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Quoting Solicitation/Sampling/Peddling
Guests should be aware that the distribution of banners, booklets, business cards, circulars, commercial advertising, flyers, folders, handbills, leaflets, notices, pamphlets, posters, stickers or any other written, printed and/or painted materials is prohibited on the MetLife Sports Complex, in MetLife Stadium and within its parking lots without the explicit permission of the event presenter, the teams or the team at MetLife Stadium. This includes any exchange of money while on the complex including the solicitation for donations to charities, teams or clubs and sale or peddling of any product/food/drink. Any guest who persists in soliciting while on the MetLife Sports Complex property will be subject to ejection or, as necessary, arrest.
Quote:
Quoting
Cr7_15
a)Can we personally negotiate a deal or dismiss the case without a lawyer?
Unless you're a lawyer, there's no "we". I don't know whether your uncle is up to the task of negotiating a deal without a lawyer, but the fact that you're here asking suggests that he's probably not.
Quote:
Quoting Cr7_15
B)How can we negotiate?
He can talk to the prosecutor and see what they're willing to offer, or retain a lawyer to do so.
Quote:
Quoting Cr7_15
C)From what I read online some people negotiate with the prosecutor, is the prosecutor the person you talk to before talking to the judge?
The prosecutor is the person who prosecutes the case, and can negotiate plea bargains. The judge cannot negotiate over the charges.
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Quoting Cr7_15
D)If he pleads "not guilty" what do we have to do next?
Proceed through the pretrial process, and then (assuming no deal is reached) to trial.
Quote:
Quoting Cr7_15
E)If he pleads guilty can he still tell the judge his side of the story and make him reconsider his sentence decision?
The judge would normally let him make a statement at sentencing. I can't promise what influence his statement would have on the court.
Quote:
Quoting Cr7_15
He doesn't know how to speak English that well. My other question is if I can translate and talk for him during the court session?
No. He needs to request a translator.
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Quoting Cr7_15
If the judge finds him guilty, what can my uncle expect?
He can expect to be convicted and sentenced.
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Quoting Cr7_15
I just don't want my uncle go to jail for such a silly thing. He is willing to pay fines and other penalties but jail time is too much.
There's an expression, "If you can't do the time, don't do the crime."
If his record is clean, though, I doubt that he would get jail time.
Quote:
Quoting Cr7_15
Do you guys think he will be on probabation for such thing? Will this stay on his record
Criminal convictions go on your criminal record.
Quote:
Quoting Cr7_15
He just had bad luck that day
Bad judgment as well. Did he learn his lesson?
Re: Criminal Trespassing and Soliciiting Without a Permit, NJSA 2c:18-3(b)
This also might be enough to get him deported if he is illegally working.
Re: Criminal Trespassing and Soliciiting Without a Permit, NJSA 2c:18-3(b)
Thanks Mr. Knowitall. I appreciate your answer, I just have some few question left. Thanks in advance!
He still has the parking pass, at what moment can he present this evidence. Can he only show this evidence if he plead "not guilty"?
Also when can he talk to the prosecutor? Does this happen before the court case or during the court case.
If he doesn't get jail time, what you think his sentenced will be?
How long will this stay on his record? Is there a possibility this won't get on his record?
Re: Criminal Trespassing and Soliciiting Without a Permit, NJSA 2c:18-3(b)
Quote:
Quoting
Cr7_15
He still has the parking pass, at what moment can he present this evidence. Can he only show this evidence if he plead "not guilty"?
The parking pass is evidence that he had a parking pass. It's not evidence that he was legally entitled to peddle merchandise on the grounds of the stadium. How is it that he was unaware of the stadium rules, described above? Are they not posted around the facility?
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Quoting Cr7_15
Also when can he talk to the prosecutor? Does this happen before the court case or during the court case.
He or his lawyer can attempt to speak with the prosecutor at any time. The rest depends upon when the prosecutor is willing to speak with him or his lawyer.
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Quoting Cr7_15
If he doesn't get jail time, what you think his sentenced will be?
Fines, court assessments, probation, possibly community service.
Quote:
Quoting Cr7_15
How long will this stay on his record? Is there a possibility this won't get on his record?
Criminal records are permanent. Eventually he may qualify for expungement. He can discuss with a local lawyer the chances of getting a non-criminal disposition or a deferred sentence that would allow him to avoid a conviction.
Re: Criminal Trespassing and Soliciiting Without a Permit, NJSA 2c:18-3(b)
Thanks Mr. knowitall,
Our main concern is the trespassing ticket. By showing the parking pass can we make the judge assume that he never meant to trespass and that he was just peddling without a licence?