How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37878
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

The decay branch of the town tree in the dead end sidewalk

Resolved Question:

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
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
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 1 year 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

Expert:  Richard replied 1 year ago.
Thanks for your reply. Did they provide Statute, Regulation or Ordinance no 344-10B? Can you post it for me please?
Customer: replied 1 year 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.

Expert:  Richard replied 1 year ago.
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 1 year ago.
Relist: Other.
know what is violation 344-10B of New Jersey.
Expert:  Dimitry K., Esq. replied 1 year ago.

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 1 year ago.

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

Expert:  Dimitry K., Esq. replied 1 year ago.

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 1 year ago.


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

Expert:  Dimitry K., Esq. replied 1 year ago.

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: 37878
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 15 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.