Legal Question in Criminal Law in New York

140.05 Trespass Violation
I was in the passenger side of my friend's car. He was dropping me off at my apartment and pulled into a lot near my residence. A cop pulled up to the car and gave us both a summons, stating we had trespassed (140.05).

It was dark, and I did not see ''no trespassing'' signs, but there are in fact such signs there (I later went back to check). As I was not driving, I was obviously not looking for signs.

My summons is in 2 months; I am not sure how to proceed. One of my friends said wait, ask for an ACD, and then plead not guilty if that does not work.

1.) How likely is it to receive an ACD, and how would I go about getting one?

2.) How difficult would it be to plead my case of ''not guilty?''

My record is impeccable (not even a speeding ticket). In addition to the aforementioned questions: What is the best way to proceed?

Any advice/guidance would be greatly appreciated. Thank you.

Asked on 4/02/09, 3:47 pm

3 Answers from Attorneys

Matthew Schwartz Schwartz & Ponterio, PLLC

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Re: 140.05 Trespass Violation

The trespass charge requires the prosecution to prove that you "knowingly" enter the property unlawfully. The answer to this question will depend on whether the "No Trespassing" sign was conspicuously posted.

You may be able to get an ACD if you have no prior record. You may also be able to get the charges dismissed if your lawyer can persuade the DA that your version of events is true.

If you can do it without trespassing, you may want to consider should take pictures of the area (be sure to include photos of the signs). In any event, you should retain an attorney immediately.

Answered on 4/02/09, 4:12 pm

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Robert Evans Robert S. Evans esq.

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Re: 140.05 Trespass Violation

I handle matters such as yours on a regular basis with fine results. An ACD is possible ,and not getting a criminal record is definite. Please contact my office @7188340087 for a free phone consultation.

Answered on 4/02/09, 5:34 pm

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