Tresspassing in NY

[tinymonkey]

I dont know much law so if this is a ludacris question please dont verbally assault me. I was caught trespessing over a week ago, but property owner decided to not press chrages. It is now over a week later and i get a call from the PD telling me to report to the station because charges are now being pressed, even after i was told they would not be. Is this right?? im sure it is but im just hoping its not...thanks

 

[shell007]

I dont know much law so if this is a ludacris question please dont verbally assault me. I was caught trespessing over a week ago, but property owner decided to not press chrages. It is now over a week later and i get a call from the PD telling me to report to the station because charges are now being pressed, even after i was told they would not be. Is this right?? im sure it is but im just hoping its not...thanks

Obviously the OWNER changed his mind, and he/she is allowed to do that.

 

[Happy Trails]

Obviously the OWNER changed his mind, and he/she is allowed to do that.

I agree, and it is possible the owner just discovered what you did on the property that made him/her change their mind.

What is the violation code you are being charged with?

 

[tinymonkey]

no idea havent gone in yet, im hoping that i can get down there tonight but im not sure yet...they said im most likely looking at community service since there wasnt any damage done to the property

 

[tinymonkey]

my appearance ticket says section 140.05, but who knows what that is...it sounds like im most likely just getting a fine, the cop said its weighed the same as a speeding ticket, how much of a fine do you think im looking at?

i also found out that the owner had up to 6 months to press charges

 

[shell007]

Maybe this will shed some light:

A 'Violation' is not a crime. It does not leave you with a criminal record. You can think of a violation as more like a speeding ticket than a criminal conviction. There are several kinds of violations. The most common are 'Disorderly Conduct' (240.20), Trespass (140.05) and Harassment (240.26). A 'Violation' is punishable by a fine, community service, a 'conditional discharge' or up to 15 days in jail.

 

[Happy Trails]

my appearance ticket says section 140.05, but who knows what that is...it sounds like im most likely just getting a fine, the cop said its weighed the same as a speeding ticket, how much of a fine do you think im looking at?

i also found out that the owner had up to 6 months to press charges

From New York statutes:

§ 140.05 Trespass.
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
Trespass is a violation.

-------------------------------

§ 80.05 Fines for misdemeanors and violation.

4. Violation. A sentence to pay a fine for a violation shall be a sentence to pay an amount, fixed by the court, not exceeding two hundred fifty dollars.

-----------------------------

§ 70.15 Sentences of imprisonment for misdemeanors and violation.

4. Violation. A sentence of imprisonment for a violation shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed fifteen days.

 

[You Are Guilty]

If this is your first offense, you are likely to get offered an ACD when you appear for the hearing. (If not offered automatically, state that this is your first offense and you would like an ACD).

Then stay out of trouble for thirty days after that.

 

[tinymonkey]

You Are Guilty, can you further explain an ACD to me, just so I have some idea what I'm talking about because this is my first offense, never even had a parking ticket!

 

[Happy Trails]

You Are Guilty, can you further explain an ACD to me, just so I have some idea what I'm talking about because this is my first offense, never even had a parking ticket!

Adjournment in Contemplation of Dismissal

 

[You Are Guilty]

Adjournment in Contemplation of Dismissal

Good info but the length of the ACD is up to the judge. Depending on the severity of the charges, it will range from 30 days to 1 year.

 

[BelizeBreeze]

Good info but the length of the ACD is up to the judge. .

I thought size didn't matter

 

[You Are Guilty]

"It's not the length of the ACD that matters, it's how you bang your gavel."

 

[tinymonkey]

sorry one more question, is the judge required by law to grant me the ACD or is it something that is up to him?

 

[You Are Guilty]

sorry one more question, is the judge required by law to grant me the ACD or is it something that is up to him?

It is completely, utterly, 100% discretionary, so make sure you're really nice to the judge.