1/19/2018

All You Need To Know About New Jersey Trespassing Laws

By Lisa Hughes


In any state that you visit there will be codes put in place to regulate the access that people have to property that does not belong to them. This piece of writing will focus on New Jersey trespassing laws and how they affect people living in this country. In definition, this is the permission granted to someone to deny people to enter their premises without their knowledge. Whenever this happens, and one is taken to court, they must face the stipulated punitive measures.

If one is charged with these offenses in such a country, they have to rush and get the help of a criminal defense advocate that is experienced enough. One is guilty if they are found to access and remain in a place where a notice has been given telling people not to enter. Also, you can be sentenced if you are discovered peering into a window of a dwelling that is intended for overnight accommodation.

Here, the state has the responsibility of proving beyond any reasonable doubt that the facility was a dwelling place or any other as it will have been alleged. Another proof also relates to showing that the defendant did not have a license to be in that particular place at that time. If the structure was at that time open to the members of the public, then there will be no crime committed.

The punishment that one gets will depend on the category of the crime committed because they come with some grades. It is all about the following protocol. If the case is weak, then the court will have no other option but order the prosecutors to get more evidence. That is good news for the defending team because they will be free to go with not records in place.

The period within which the prosecution has to commence their case was within twelve months when the crime was committed. There is a well laid out procedure that has to be followed. It is not surprising to have the charges against someone dropped, and even no records kept. That implies that one will be absolved of having committed any crime in such a case.

In case the act was committed when the offender is intoxicated, the defendant can opt to enter some alcohol treatment program. It is an act that has to be done before the sentencing. The aim here is for the judge to take note of this and put it into perspective when they will be making their ruling.

At some point, one will realize that courts are not taking this with the seriousness it deserves. The assumption is that they see them as minor offenses whereas they have more significant issues that they need to be tackling. How the reporting and filing of the case are done will influence how these agencies will approach it.

Virtually almost every state has some law in place that protects the right to property. At times they are mitigated so that the public has the right to access areas that do not belong to anyone. Theoretically, this regulation somehow helps in determining how people go about doing their business.




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