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