Legal Question in Criminal Law in New York

Trespass violation

My 17-year old son has been charged with trespassing after crashing a dirt bike on the power lines behind our home. There were no ''No Trespassing'' signs on these power lines at the time of the accident. Now signs have appeared where the lines cross with area roads. However, my son and his friends (also charged) did not access the area at the location where the signs have been placed. There are still no ''No trespassing'' signs (to our knowledge - none are visible from the road) up where the accident actually occurred (we don't wish to go up there again and receive a trespassing ticket ourselves!).

My questions are these:

The appearance ticket has the wrong issue date on it? Is that reason for dismissal?

The statement of charges clearly states per the trooper that there is an orange ''No trespass'' sign at the entrance to the right of way on the south side of the road. The ''new'' sign (we believe put up since the accident) is actually yellow! Is that grounds for dismissal?

Can we get statements from area residents (if willing) and submit them in court that the signs have been put up since the accident? From the firefighters who responded to the accident?

I can't really afford a lawyer, should we get one?


Asked on 5/14/08, 11:02 am

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Trespass violation

it is ALWAYS best to hire yurself an attorney, they tend to be more thorough as result of less time constraints with huge volumes of cases, and obviously have more of a personal connection with you and the case.

THAT BEING SAID...

this type of charge is not a MAJOR charge, and there tend to be very reasonable dispositions on such cases... the fact that the date is wrong on the ticket may very well be sufficient to dismiss, depending on the judge, the color... i highly doubt that... also, overall if the child crashed there 'unwillingly' then there may be a defense based on that...

Furthermore, there have been many lawsuits filed on the basis of an 'attractive nuisance' - that being something that is very attractive to kids to play on, dangerous, but at the same time not properly protected...

IF you do not trespass, and get a photo from a distance ofthe lack of signs this would also be viable evidence in his defense...

If you would like to further discuss representation on this case feel free to call my office at 212.709.8303 - BUT realistically you should be fine with a legal aid attorney (which will be provided free of charge, less your income is deemed too high) and with a bit of research and photos... also armed with the wrong issue date of the ticket...

MUCH LUCK!

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Answered on 5/14/08, 1:36 pm


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