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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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The decay branch of the town tree in the dead end sidewalk

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The decay branch of the town tree in the dead end sidewalk here in Dumont,New Jersey on top of my swimming pool in my property. I cut it and the town official issued me a ticket for Vandalism or severe damage prevention to town tree violation 344-10B told me to appear in court on 6/19/13.
Are the right or I am right because it is in my property
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Did they provide you a copy of 344-10B in your notice? Can you post it here for me to review? Thanks.
Customer: replied 3 years ago.

Yes, they gave me a copy complaint no 0210 SC 008100 State of New Jersey dumont Borough Municipal Court

State of New Jersey vs. Ernesto E. RoxasVandalism or severe Prevention damge to town tree Statute, Regulation or Ordinance no 344-10B. Cout appearance on 6/19/13

Thanks for your reply. Did they provide Statute, Regulation or Ordinance no 344-10B? Can you post it for me please?
Customer: replied 3 years ago.

No they did not give me. I try to research in internet to find out what is 344-10B. I can not find it.

Thanks. I'll have to opt out. I believe you'll be better served by a NJ-based expert with access to your local statutes. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.
Customer: replied 3 years ago.
Relist: Other.
know what is violation 344-10B of New Jersey.

Thank you for your question. A different contributor here, I am a New Jersey licensed professional.

What governs is where you made the cut. If you trimmed the tree on the public lot rather than over your own property, it does become vandalism under NJ law. Anything that grows onto your property does belong to you, so you can trim it or remove it, but you cannot trim or remove it so far back that it involves growing out of a location that is still on town land. This is where you need to focus your defense, state that if you did trim, it was because the branch was solely over your property, making the branch lawfully yours, and that the trimming took place solely on your private property.

Hope that helps.

Customer: replied 3 years ago.

should I just plead quity and pay the fine for ciolation in front of the Judge. Is it a big offence.

Thank you for your follow-up.

This appears to be a violation rather than a misdemeanor or serious offense. As a consequence, if you simply wish to pay the fine, it will not otherwise affect you as this is not strictly a criminal matter. You can double-check with the judge first to see if it is listed as a serious offense (I do not see it listed as such), and if not, simply pleading guilty and paying the fine would be permitted.

Good luck.

Customer: replied 3 years ago.

Suppose it is a serious offence, what shall I do.

Thank you for your follow-up.

If it is a serious offense (highly unlikely), then consider utilizing the defense argument I suggested in my previous answer, or see if the prosecutor is willing to allow you to plea bargain down to a lighter offense. But I really do not think it will come to that, it is either a very low offense (I could not find anything that would show it to be serious), or the argument pertaining to where the cut was made should be sufficient.

Good luck

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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