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  1. #1
    Join Date
    Oct 2005
    Location
    NY
    Posts
    5

    Default Criminal trespassing, NY 140.10

    Does anyone know what the penalty is for criminal trespassing in NY 140.10?

    I have never been in trouble before, not even a speeding ticket. I basically was in the wrong place at the wrong time.

    Also would it hurt to tell the judge that in addition to having a clean record I am also a military officer in the Guard?

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Trespass in NY

    The 140.10 "criminal trespass in the third degree" offense is a class b misdemeanor, which means it carries a sentence of up to 90 days in jail. (It is very unlikely that you would get a jail sentence on that charge.)

    You may wish to consult a lawyer about the possibility of getting the charge dropped or reduced based upon the equities of your situation, or to find out what type of deals are typically offered in trespass cases. (It's what I would do if I were in your position.)

  3. #3
    Join Date
    Oct 2005
    Location
    NY
    Posts
    5

    Default

    Thank you. I couldn't imagine jail time that would flip me out and sure as hell ruin my career.

    Do you think it is possible to be arraigned and tried o nthe same day so Ican put this to rest?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Arraignment and Trial

    If you were to go to trial (and I would strongly advise you to hire a lawyer to assist you at any trial), the typical procedure is that you would have an arraignment where you enter your not guilty plea, a pretrial (which in some jurisdictions can occur at the time of arraignment, but in others will occur at a later date) and a trial. As the prosecutor would need to bring in witnesses for a trial, it isn't at all likely that it would be possible to have a trial on the date of an arraignment.

    You should consult a local criminal defense lawyer, as I think that there is a substantial chance that you could at a minimum get this reduced to a violation, and perhaps even dismissed. But it's a lot harder to do that if you don't know the system, and aren't familiar with what prosecutors typically do with this type of case.

  5. #5
    Join Date
    Oct 2005
    Location
    NY
    Posts
    5

    Default

    Thank you....I will take your advice.

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