Legal Question in Criminal Law in New Jersey

Troubled Child

My friend is 16 years of age and attends a school outside our district. To do so her parents rented an apt. simply for address purposses. No one lived there. My friend only came there occasionally after school for a short while. MY other friend who is 17 had no where to live at the time since she had left home. So my friend who had the apt. let her live there without her parents knowing. One day for whatever reason her Dad went to the apt. and found my friend there. She is now being charged with breaking and entering and unlawful dwelling. I wanted to know whether or not the charges will hold up being that she is a minor and also because she was under the impression that she was doing nothing wrong by staying there. Also I would very much like to know where I can research the laws of New Jersey's juvinile court so that I might catch them on a technicality. Thank you for your time.


Asked on 6/05/03, 12:24 pm

1 Answer from Attorneys
Jeffrey Weinstein Jeffrey L. Weinstein, Attorney at Law

Re: Troubled Child

I do not think those charges can stick. The State must prove that your friend had the intent to enter illegally . So long as your other friend backs her up, it seems clear that she thought that she had the authority to enter and stay at the aprartment.

Regarding research, the best place is to go to your county law library, which is usually located at the county courthouse. The "technicality " you are looking for here is lack of criminal intent.

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Answered on 6/05/03, 12:52 pm


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