Legal Question in Criminal Law in New Jersey

criminal trespass

my 18 yr old son was charged with criminal trespass. Him and his friends were given permission by his friend (17) to hang out in his house while they were on vacation. The friend told them how to get into the house, and they had repeated conversations with the son while inside the house during the week.

The father did not appreciate this and had the police investigate. Of course the son won't admit his part. Now all these guys are charged - some with burgulary, some with criminal trespass.

Question: is the son an ''authorized person'' to allow access and would that be my son's affirmative defense?

After speaking with the father, he said he did not realize the investigating officer would be the complaintant. He said he had no intention of actually pressing charges, he only wanted to know what happened. Now we are stuck with--name removed--huge problem that I'd like to be able to defend against.


Asked on 4/21/07, 10:28 pm

4 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: criminal trespass

I don't believe that a minor can give permission to enter a house owned by a parent and in this instance the family was away. The charges can be dropped. The young men THOUGHT they had permission to enter the house.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/21/07, 10:50 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: criminal trespass

Simple answer to your question is to get a good attorney so he or she can get moving on the case ASAP. Sounds fairly easy to get rid of.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 4/23/07, 1:24 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: criminal trespass

While there was enough information to charge him with criminal trespass, your attorney can raise the affirmative defense of permission.

This affirmative defense will exist if he reasonably believed that the owner of the premises, or other person authorized to give permission thereto, would have permitted him to enter or remain. It is the burden of the State to prove beyond a reasonable doubt that defendant did not reasonably believe that he would have been permitted by the owner (or other person empowered to permit access thereto) to enter (or remain).

Feel free to give our offices a call. I do not charge for initial consultations, and we can either help you or find you assistance.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

267.639.3105

[email protected]

(Admitted to Practice in NY, NJ, and PA)

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Answered on 4/22/07, 12:34 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: criminal trespass

Your son is looking at a potentially serious charge and if he is convicted he is facing heavy fines and possible jail time. I am an attorney who has handled many cases similar to yours in various courts in NJ in the past. I would lkike to discuss this case wiht you in more detail. I never charge for simply talking to a person about their case, so please contact me at your convenience. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 4/23/07, 6:33 pm


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