Have you Been Charged with Trespassing in one of the New Jersey Shore Towns?
You Need the Best Jersey Shore Criminal Defense Lawyers.
Whether you have been charged with Trespassing in Wall, Belmar, Asbury Park, Manasquan, Bradley Beach, Spring Lake Heights, Seaside Heights, or any other New Jersey shore town, you are facing significant criminal, educational, and employment consequences. If convicted of this criminal disorderly persons offense, you could be sentenced up to 6 months in jail and fined over a thousand dollars. Additionally, a conviction for Trespassing will result in a criminal record. Your current employment, your future employment, and your educational opportunities will all be at risk. You have a lot to lose if convicted of a Trespass charge in New Jersey.
Let Us Solve Your Problem – Call Clark, Clark & Noonan today at 732-303-7857
At Clark, Clark & Noonan we specialize in Trespassing charges on the New Jersey Shore. Oftentimes these cases arise after someone gets intoxicated and accidentally wanders on another’s property or where someone gets kicked out of one of the many Jersey Shore bars and tries to get back inside. Whether you have been charged by the police in Wall, Belmar, Asbury Park, Manasquan, Bradley Beach, Spring Lake Heights, Seaside Heights, or any other New Jersey shore town in Monmouth or Ocean County, you need the legal team at Clark, Clark & Noonan located in Wall, NJ.
Our certified criminal trial attorney and former prosecutors have handled thousands of Trespassing cases in and around the New Jersey Shore for well over 30 years. We routinely have New Jersey Shore Trespassing cases dismissed before trial, dismissed after a trial, amended to lesser non-criminal offenses, or dismissed after a one-year diversionary program. Our criminal firm is unique in that we have a New Jersey Supreme Court Certified Criminal Trial Attorney and former prosecutors exclusively handling criminal cases. Unlike many other general practice firms, our experience includes going to trial on hundreds of felony and misdemeanor (disorderly person offenses) cases involving charges of Trespassing and similar offenses. We don’t let your one night of bad judgment result in a permanent problem.
Every criminal defense firm claims they have experience. But what is the point of experience if it was spent in an office doing general transactional work instead of fighting for a defendant’s liberty and future in the courtroom? Our firm has the criminal trial experience that matters. At Clark, Clark & Noonan, our New Jersey criminal defense lawyers are uniquely qualified to handle Trespassing cases because we have a team exclusively assigned to just criminal cases and they have spent decades handling those cases. We don’t assume your guilty or look at a case thinking about a plea bargain. Our first thought is always “can we get this case dismissed?”
We always start with a thorough review of the police reports, statements, and evidence to make sure the police did not violate your rights. We have the experience and legal skills to recognize and exploit factual mistakes in the police report and identify defenses that can directly lead to a dismissal of your Jersey Shore Trespass Charge. At the end of the day, Clark, Clark & Noonan will give you the best chance of winning your case or obtaining a result that will leave your record clean and your future educational opportunities and employment intact.
The consequences for your future are too great to do this alone. Whether you are charged with Trespassing in Wall, Belmar, Lake Como, Bradley Beach, Manasquan, Spring Lake Heights, Seaside Heights, or any other New Jersey Shore town in Monmouth or Ocean Counties you need the firm that will give you the best chance for victory. At Clark, Clark & Noonan, we will protect your rights and your record. Call for a free consultation and case assessment today at 732-303-7857.
If You Did Not Know You Were Trespassing then You Have a Defense
Often times the police will charge you with Trespassing before they fully investigate all of the facts. For example, it is not enough that you just entered a house or business that did not belong to you. To be convicted of Trespassing, the prosecutor has to prove you actually knew that you were not licensed or privileged to be in that house or business.
If you mistakenly entered a Beach house that you thought belonged to your friend then you have not committed the offense of Trespass in New Jersey. Whether you have been charged with Trespass in Wall, Belmar, Asbury Park, Lake Como, Manasquan, Bradley Beach, Spring Lake Heights, Seaside Heights or any other Jersey shore town in Monmouth and Ocean County, the State has to prove you had notice against trespassing at a particular location.
What that means is you may have a defense to trespassing if;
1) you were not told that you were banned from a location
2) there was no posted sign warning you of trespassing
3) there is not fencing located in or around the location you allegedly trespassed on.
At Clark, Clark & Noonan we pay close attention to the details of your case. We scrutinize the police report, interview our own witnesses if necessary and present a defense that may result in a complete dismissal of your trespass charge. Even when the case is not outright dismissed, we are often successful in convincing the prosecutor to downgrade your charge to a non-criminal offense or allowing you to enter a diversionary program on a lesser charge which ultimately will lead to a dismissal of your New Jersey Trespass charge. Call Clark, Clark & Noonan today to discuss all your potential defenses in our free consultation and case assessment at 732-303-7857.
What if I Don’t Have a Defense? – Do Not Worry the State Still Has the Burden of Proof
You may have been charged with trespassing in Wall, Belmar, Lake Como, Manasquan, Bradley Beach, Spring Lake Heights, Asbury Park, Seaside Heights, or some other New Jersey Shore town and are now extremely worried because you don’t believe you have a good defense.
For example, maybe you were intoxicated that night and have trouble remembering. Or maybe you tried to reenter one of the many Jersey shore bars after you had already been kicked out. You may ask “does that mean I have to just plead guilty?” The short answer is “no”. As a defendant in a criminal case, you do not in any way have the burden to prove the case. In other words, you are presumed innocent and it is the State – the prosecutor – who has to prove your guilt beyond a reasonable doubt. The prosecutor has to subpoena witnesses for testimony and present evidence before the judge to prove each and every element of the offense against you beyond a reasonable doubt. If he presents insufficient evidence or if the Judge has a “reasonable doubt” as to your guilt then he must find you “not guilty.” You do not have to prove your innocence – you have no burden whatsoever.
At Clark, Clark & Noonan, we know when the prosecutor will have difficulty proving his case. We also know when the State’s witnesses may lack credibility and we are able to exploit the witnesses’ credibility issues at trial. Sometimes, it is simple enough to argue that the State has not met its burden of proof even if you, possibly, committed the criminal offense of Trespassing in New Jersey. We have been extremely successful in getting our client’s cases dismissed or amended to a non-criminal offense just by arguing to the prosecutor and the Court that the evidence against you is weak, that you have a valid defense or there is insufficient evidence to prove you in fact know you were trespassing or were given proper notice against trespassing.
At Clark, Clark, and Noonan, we have the meaningful experience and defense strategies that will put you in the best position to safeguard your rights and protect your future from a criminal record. Call us today for a free consultation and case assessment at 732-303-7857.
Trespassing in New Jersey – Legal Definitions – NJSA 2C: 18-3
The law in New Jersey for Trespassing is located in the New Jersey criminal code at NJSA 2C:18-3 and states as follows:
2C:18-3 Unlicensed Entry of Structures; Defiant Trespasser; Peering into Dwelling Places; Defenses.
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, or in or upon utility company property. 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. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. Otherwise, it is a disorderly persons offense.
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 enclosures manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.
d. Defenses. It is an affirmative defense to prosecution under this section that:
(1) A structure involved in an offense under subsection a. was abandoned;
(2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or
(3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.
Contact Our Jersey Shore Criminal Defense Lawyers Today
Whether you or your friends are charged with trespassing, defiant trespassing, or both in Wall, Belmar, Asbury Park, Lake Como, Bradley Beach, Manasquan, Spring Lake Heights, Seaside Heights, or any other New Jersey Shore town in Monmouth or Ocean Counties you need the firm that knows how to win your case. At Clark, Clark & Noonan, we will protect your rights and your record. Call for a free consultation and case assessment today at (732) 303-7857.