Charged with Criminal Trespassing at a School

My question involves criminal law for the state of: New York State


I was at a high school gymnastics event, but it was hosted at a middle school. I was only there for around 40 minutes and I took 2 30 sec videos figuring what's the big deal with that. This one guy who saw me, approaches me and turns out he's an off duty cop. He asks me if I knew any of the gymnasts competing. I said no I'm just a casual observer. He borrows someones phone and calls the cops on me. I told him before that I'd leave willingly, no problem, but he really wanted to get me in trouble. And he prevented me from escaping at all, said he'd put me in handcuffs himself. The school pressed charges and in one statement the one person said they want me prosecuted to the full extent of the law.

Thing is this isn't the first time. I was also arrested last year in October for the same thing. I ended up getting a 6 month ACD for that which expired August of this year. I know I screwed up big time. Reason I screwed up was because I didn't take the risks seriously enough. Figured if I barely record anything this time, who would care. But people care no matter what, as long as you're using a video camera at some point and don't know anyone at the school and are by yourself.

Anyways my question is, how screwed am I? I'm trying to figure out what the punishment will be. I'm really preparing myself for jail time because I just feel like the prosecutor won't let me off the hook easily this time. At least they'll be a big fine probably. I'm looking for anyone's reasonable guess. What is the typical punishment for a 2nd time offender. Or is it treated as a 1st time offense because of the ACD? I really don't want the maximum jail sentence or even a criminal record. I don't know what to do. I'm truly sorry about the whole situation. I learned my lesson. Let's say the first time was like getting something 60% drilled into your head. This time it's like 100% drilled.

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Quoting supreme999

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My question involves criminal law for the state of: New York State


I was at a high school gymnastics event, but it was hosted at a middle school. I was only there for around 40 minutes and I took 2 30 sec videos figuring what's the big deal with that. This one guy who saw me, approaches me and turns out he's an off duty cop. He asks me if I knew any of the gymnasts competing. I said no I'm just a casual observer. He borrows someones phone and calls the cops on me. I told him before that I'd leave willingly, no problem, but he really wanted to get me in trouble. And he prevented me from escaping at all, said he'd put me in handcuffs himself. The school pressed charges and in one statement the one person said they want me prosecuted to the full extent of the law.

Thing is this isn't the first time. I was also arrested last year in October for the same thing. I ended up getting a 6 month ACD for that which expired August of this year. I know I screwed up big time. Reason I screwed up was because I didn't take the risks seriously enough. Figured if I barely record anything this time, who would care. But people care no matter what, as long as you're using a video camera at some point and don't know anyone at the school and are by yourself.

Anyways my question is, how screwed am I? I'm trying to figure out what the punishment will be. I'm really preparing myself for jail time because I just feel like the prosecutor won't let me off the hook easily this time. At least they'll be a big fine probably. I'm looking for anyone's reasonable guess. What is the typical punishment for a 2nd time offender. Or is it treated as a 1st time offense because of the ACD? I really don't want the maximum jail sentence or even a criminal record. I don't know what to do.

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The answers aren't going to be any different on this site.

So you are a closet pedophile and attempted to take voyeuristic videos? Is this your charge?
http://law.onecle.com/new-york/penal...10_140.10.html

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Quoting supreme999

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Thing is this isn't the first time. I was also arrested last year in October for the same thing. I ended up getting a 6 month ACD for that which expired August of this year. I know I screwed up big time. Reason I screwed up was because I didn't take the risks seriously enough.

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Okay... here's the deal: Last time around, the authorities likely suspected that your primary interest was in taking videos of young girls dressed in tight leotards for your sexual gratification. Whatever benefit of the doubt they may have been previously willing to extend, you should not expect it to exist this time around. You should be working with a criminal defense lawyer.

Okay let me just explain to you guys, I screwed up. But my decision making improved since the first time I got arrested. I didn't want to go to as many events, maybe just 1-2 and I didn't want to record hardly at all. And I'm going to improve even more by going to 0 events for now on. Whenever I think of going to a high school event, I'm going to think of them as one giant prison with hidden cops lurking everywhere and parents wanting to beat the snot out of me for taking even 1 sec of videos. Im trying to become a better person. I feel awful about the whole thing. :( I feel like the stupidest person alive right now.

I'm going to fill out paper work tomorrow for a free legal defense since I don't think I can afford to pay for one. I might only have max $400-$500 to spend assuming someone in my family helped me out. Don't think that's enough money. Also Mr. Knowitall, I only took 2 videos and I wasn't zooming in on their private parts or anything like that. I let the cops see the videos. They didn't seem to think anything of it either.

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Quoting supreme999

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I'm really preparing myself for jail time because I just feel like the prosecutor won't let me off the hook easily this time.

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It would be wise to prepare yourself for jail time. You certainly will not be getting off the hook easily.

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Quoting supreme999

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At least they'll be a big fine probably. I'm looking for anyone's reasonable guess. What is the typical punishment for a 2nd time offender. Or is it treated as a 1st time offense because of the ACD? I really don't want the maximum jail sentence or even a criminal record. I don't know what to do. I'm truly sorry about the whole situation. I learned my lesson. Let's say the first time was like getting something 60% drilled into your head. This time it's like 100% drilled.

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Prosecutors, and Judges do not like to look foolish, and that is exactly what happened here. They gave you a second chance, and the first opportunity after the ACD period passed, you did the exact same thing again. None of your arguments or statements here or on the other site will help you, it doesn't matter how long the clips are that you shot, or how many events you planned to attend. The prosecutor and judge will see that as soon as the opportunity arose after your ACD expired you had a compulsive need to film underage girls again. You are a textbook example of someone who needs SIGNIFICANTLY more severe consequences because the first slap on the wrist was not enough.

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Quoting supreme999

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Also Mr. Knowitall, I only took 2 videos and I wasn't zooming in on their private parts or anything like that. I let the cops see the videos.

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The fact that the videos are what they were only helps you in the fact that it is the reason you are being charged with trespassing, not a sex crime. The judge, prosecutor, and every adult you talk to about this knows why you filmed those girls, and knows what your intentions were. Unless you can provide a very good reason for you to have been taping girls gymnastics then you should be in for a very strict sentence. It is rare for anyone in the justice system to be lenient with perverts, especially when they are already on their second chance.

Thanks brownj12 for giving it to me straight. It does seem what's most likely to happen. Worst case scenario would be 3 months in jail right? I'm hoping I can maybe get it to 1 month or maybe community service or a fine but probably wishful thinking. I mean is it more likely I'd get max sentence or just 1 month sentence? This isn't a sexual crime right? So I won't be charged as a sex offender or anything right?

Also have another question. The lieutenant is the one who filed the charges on behalf of the principal. Would it do any good to contact the principal via phone or email? There is an order of protection but it's for students of the school. Doesn't say anything about the staff.

And would I benefit much from paying for a criminal defense lawyer vs getting free legal counsel? I don't know how much it would cost. I wouldn't want to spend a ton of money if it doesn't improve my chances much.

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Quoting supreme999

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Thanks brownj12 for giving it to me straight. It does seem what's most likely to happen. Worst case scenario would be 3 months in jail right? I'm hoping I can maybe get it to 1 month or maybe community service or a fine but probably wishful thinking. I mean is it more likely I'd get max sentence or just 1 month sentence? This isn't a sexual crime right? So I won't be charged as a sex offender or anything right?

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If you are being charged with Criminal Trespass in the Third Degree, then yes, you are facing a maximum of 3 months in Jail and a 500 dollar fine. That is not a sex crime, and you would not have to register as a sex offender for that crime. There is a chance additional charges could be pursued, however I could not tell you what if any they may be. While I did live in New York for a few years I never had cause to review the legal implications of video taping teenagers at a middle school.

Neither I nor anyone else without specific knowledge of your case, the prosecutors office, and the judge handling your case could possibly comment on the odds of you receiving any specific sentence. I would say however that avoiding jail time all together as part of a plea deal or as a sentence after a guilty verdict is likely very wishful thinking. The only hope I could see of you getting off would be if your lawyer can identify a specific and major flaw in the prosecutions case and get the charges dropped or reduced as a result. You do not want this going in front of a jury.

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Quoting supreme999

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Thanks brownj12 for giving it to me straight. It does seem what's most likely to happen. Worst case scenario would be 3 months in jail right? I'm hoping I can maybe get it to 1 month or maybe community service or a fine but probably wishful thinking. I mean is it more likely I'd get max sentence or just 1 month sentence? This isn't a sexual crime right? So I won't be charged as a sex offender or anything right?

Also have another question. The lieutenant is the one who filed the charges on behalf of the principal. Would it do any good to contact the principal via phone or email? There is an order of protection but it's for students of the school. Doesn't say anything about the staff.

And would I benefit much from paying for a criminal defense lawyer vs getting free legal counsel? I don't know how much it would cost. I wouldn't want to spend a ton of money if it doesn't improve my chances much.

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Dude...leave everybody at the school ALONE. Get yourself an attorney and speak to no one but the attorney.

Yeah I don't know about any flaw. :\ I did post on another place and they said a good criminal defense attorney could probably get me no jail time. So I'm going to research some criminal defense attorneys just in case. At the moment I'm leaning towards free legal counsel since I don't think anyone can bail me out of this.

Do you think I could talk to the prosecutor directly? Like call them up or meet with them before the court date? I'm sure they're thinking of me as someone, like u said, who didn't heed the first warning. Maybe I can convince them how serious I am about never going to a high school again.

Thanks again for responding brownj12, im scared as shit right now. Nice to at least understand my situation better.

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Quoting llworking

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Dude...leave everybody at the school ALONE. Get yourself an attorney and speak to no one but the attorney.

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Okay. I just hate the fact that they're probably thinking of me as someone who will never learn, which isn't true. Especially since the more you think about what you would lose by doing stupid things, like freedom, good job opportunities, respect from family. That's all you need to not do stupid things like I did. Wish I would have thought about that before, but I downplayed the risk in my head due to not recording much at all. Very stupid. Obviously the risk is too great since I have no legit reason to be there, all it takes is some smart ass to start asking me questions and I'm screwed.