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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my son was picked up by police for being on train tracks they

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my son was picked up by police for being on train tracks they said him and his friends placed a metal object on track which could have caused train accident. they did not give him any charges he is 16 what can he be charged with?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi Jacustomer,

This would be a trespass. It is unlawful for anyone to walk on any New Jersey train track. N.J. Rev. Stat. § 48:12-152 (1999). Subsection 1 is a civil offense that has a maximum penalty of a $100 fine. So it looks like he lucked out and should not be charged with a crime.

I suppose they could charge him with criminal mischief if the police believe that he acted recklessly and could have caused an injury. But for that, they likely would have taken the kids in and written them up. It's a fair bet that nothing criminal may come of this.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16066
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
They did take them in and wrote them up but didnt give us the parents the charges they said that the piece of metal flew 50 feet in air and landed on street where there was a parade taking place.
Expert:  Zoey_ JD replied 1 year ago.
Hi Teresa,

I misunderstood, because your first pos. t indicated that they had not been charged. You are now saying that they were charged but you don't know with what.

Sounds to me like the best fit for this would be the criminal mischief statute that I already linked you to, which would be a disorderly person's offense, so long as the damage resulting from it would be less than $500. If that caused someone to be injured, then the crime could get fairly serious depending upon the value of the damage done.

He is still a juvenile and I'd expect that if he is charged he will be offered some kind of a diversion program here, which would allow him to get this dismissed when he completes his supervision and special requirements. As long as nobody was seriously injured, I don't expect this case is going to cause him a lot of trouble. I suspect the sentence would be just annoying enough to make him remember that actions have consequences without being so harsh as to cause him personal and professional difficulties for the rest of his life.

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