NJ Trespassing Law Question

[Guy In A World]

A Challenge For The Best!

NEW JERSEY LAW

Here is the skinny.

I was going through some problems with my wife and had no place to go, so i took up temporary residance in an abandoned warehouse, which is and was currently owned.

I was arrested for trespassing there once before, and was ordered not to return to the building.

This time i left a note for the owner for when he discovered my self appointed residence there.

He called the police when he discovered i was living there. I was not there at the time.
He didnt not file a charge

Later that night i attempted to go back, and an officer spotted me and arrested me.

I was charged with burglary, and it was sent to the superior courts.

I contacted the clerks there, and explained to them that i could not be charged with burglary, as the stature states burglary is entering a structure WITH the intent to committ a crime within.

Never the less it was sent back to district court as a tresspassing charge, which i failed to appear.

So ...
With all that said, here is my question.

Is this a valid charge?

Is it nessessary for the owner of the property to file a tresspassing complaint,
or can an officer follow through with the tresspassing charge?

I ****BELIEVE***** that it is filed as a tresspassing charge and not a criminal tresspass, if not one in the same.

Can I get this thing thrown out?

If i would have been charged with CONTEMPT OF COURT, as the judge ordered that i am not to return, then it would be as solid as a brick bunker.

Also, I was charged over a year ago.
If i appear in court can the judge still file a contempt charge, i am not aware of the limitations on this matter.

Any information on this matter would be GREATLY APPRECIATED

 

[mycarlb]

You are clearly both in contempt and tresspassing... and in NJ you could have also been charged with burglary simply by breaking into a building... just because you "claim" you were just residing there isn't necessarily gonna wash with the DA... also, you broke in to commit a crime - the crime of trespassing.

I am amazed at the gall you have asking if this could be thrown out? Why would you even go back to a place a judge told you not to go back to??? have you never heard of Department of Social Services??? They have a wonderful plan called "assistance" for people who have no job and no where to live... Also, there are places called "shelters" in which people go every day who are homeless... and they don't break the law either!! I would consider yourself very lucky if all you have to face is a trespass charge!!!

 

[Guy In A World]

Obviously you dont know nj law.

I could not be charged with burglary.

What offence was i attempting to commit their in?

Tresspassing would be committed BEFORE I BROKE INTO THE BUILDING, so that would not be an offence their in.

I think the processution would know more than you.
Believe me, they wanted to make it stick, but legally could not!

You are clearly both in contempt and tresspassing

I am fully aware that i did in fact committ those offences.
I was not charged with contempt, and wanted to know the stature of limitations on that.

Also, the owner of the property DID NOT file a trespass complaint.

And i find the professionalism of this forum to be extreemly minimual if at all.

I did not ask for argument, or moral opinion.

I requested some FACTS.

If you do not have facts on this matter, or do not wish to disclose them, then why post at all?

Believe me, i know all about social services, as i was in their custody for the last several years of juvanility.

Reguardless, what is done , is done. I cant change that.

If you have an opinion on this matter, and no facts to share, keep it to your self, and act like an adult.

If anyone else possesses FACTS on this matter, please feel free to post them here, as i will be eagerly awaiting.

Thank you

 

[mycarlb]

belizebreeze

I think bb would be the one to help you here... where is bb??? I know he would have a ton of advise for this gentleman???

 

[Just Blue]

I think bb would be the one to help you here... where is bb??? I know he would have a ton of advise for this gentleman???

Gotta disagree with you on this one mycarlb...IAAL is the guy to help out this poster! He always knows just the right thing to say!

YOOHOO....IAAL....this man needs you....

 

[mycarlb]

oh, well, yeah, but maybe some help from them both is what the OP needs!

 

[Just Blue]

oh, well, yeah, but maybe some help from them both is what the OP needs!

Good Idea!! That way our poster will get well ballanced advice!!

 

[mycarlb]

Just putting this back on top in case any of our incredibly wonderful people can give some helpful advice to this gentleman.