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Nate
Nate, Lawyer
Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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Hello Sir, Currently I am facing the charge of Defiant Trespassing

Customer Question

Hello Sir,
Currently I am facing the charge of "Defiant Trespassing" and I need to attend the court next week.

It happend ~9 PM: while going to the light rail station, rather than walking on the pavement
I walked on the tracks for ~10 feet and got onto the platform. Unfortunately there is a cop
on gaurd and he charged me with 2C:18-3 "Defiant Trespassing".

I know I have commited mistake and am guilty for being stupid. Please help me in answering the below questions. I am not a citizen of US and this is my first time to attend a court.
1) What is the maximum fine/punishment if I plead guilty?
2) I know I did the mistake and no cannot plead "NOT GUILTY", so do I get any advantage
by hiring an attorney?
3) Will this be reflected in my records on SSN?
3)
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Nate replied 3 years ago.
Thank you for your question.

Fortunately, under New Jersey law, Defiant Criminal Trespass is considered a Petty Disorderly Persons offense, which is not considered a serious crime but will remain on your record, expungeable in 5 years. The total possible punishment is 30 days in jail. For your purposes, it is not considered a crime of moral turpitude by the ICE. An attorney may be able to work out a conditional plea agreement that would make it expungeable after doing community service.


I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question.

Thanks!

Nathan Moore
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10548
Experience: Over 10 years of criminal defense practice.
Nate and 8 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Sir , please help me in answering my last question
Expert:  Nate replied 3 years ago.
Yes, it will.
Customer: replied 3 years ago.

Sir,

I was under the impression that I can get away with a fine rather than being jailed.

1)Will hiring an attorney would help me in getting away with fine?

2)Can you please suggest me a good and affordable attorney in this regard in Jersey city - 07302?

 

3) The cop on duty knows that I am drunk, but he did not mention anything regarding on the receipt he gave me. Will the cop provide another detailed report apart from this?

And do I need to accept it in court?

 

Thanks,

Raghu.

Expert:  Nate replied 3 years ago.
Paying a fine is the same as a conviction as far as your record goes. You are unlikely to get jail time. Ideally, you get it dismissed with some community service. An attorney would assist with that.

Unfortunately, we are able to recommend specific lawyers on JustAnswer.com.

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