NYC Criminal Trespassing Lawyers
Individuals who are facing a criminal conviction in New York should contact a skilled criminal defense attorney as soon as possible for legal guidance and representation. Criminal defense attorneys with expertise in criminal trespassing laws can provide valuable assistance and protect an individual’s constitutional rights.
It doesn’t matter if an individual trespassed at a business, home, or any other type of property, it is illegal to enter another individual’s property without permission. In New York, there are several ways an individual can be charged with criminal trespassing. There are many factors that can determine how an individual will be charged, which may include past criminal record, if he or she had a weapon, and the type of building involved with the occurrence. According to New York Penal Law 140.00(5), an individual who enters or stays on another individual’s property in an unlawful manner is trespassing.
Although an individual’s case may not be won, there have been many trespassing cases that have resulted in a charge reduction or a complete dismissal of the case. The outcome of a trespassing charge will depend on several factors surrounding each case. A criminal defense attorney understands how to obtain and review evidence in a trespassing case and can help his or her client take the best course of action.
With any criminal case, it is required by law for police officers to adhere to certain procedures during an arrest, and the United States Constitution protects individual’s rights from illegal search and seizure under the Fourth Amendment. Although law enforcement officials strive to perform their duties according to the law, there are times with police officers violate an individual’s Constitutional rights by failing to follow the required procedures. One example may include situations where police officials fail to have reasonable cause or suspicion to detain a suspect, which is illegal. Law enforcement officials must be able to directly state the facts that warranted probable cause to detain a suspect. When police officials improperly detain an individual, the chances of a dismissal significantly increase and a conviction is far less likely.
In addition, law enforcement officials are also mandated to inform suspects of specific rights when he or she has been detained and questioned, which is commonly known to as Miranda rights. When a police officer does not properly inform an individual of these rights, any evidence that was gathered by law enforcement will probably be deemed as invalid evidence and will not be used in court. Those who feel their Miranda rights were violated should contact a criminal defense attorney to determine if any Constitutional rights were violated by the police officer.
Moreover, to be convicted of trespassing in New York, a prosecutor must prove beyond a reasonable doubt that an individual was trespassing, which can be difficult when the suspect has an experienced criminal defense attorney. A New York trespassing lawyer can ensure that a prosecutor is held accountable for providing sufficient evidence for a conviction. There have been many cases where skilled criminal defense lawyers prove reasonable doubt through rebuttal evidence, which significantly increases the chances of a positive outcome.
It is important to note that a criminal defense trespassing lawyer can represent an individual though each step of a trespassing case, which includes immediately following the arrest, the investigation period, pretrial, trial, appeal, and post conviction. A criminal defense attorney can be extremely helpful at every stage in the process because he or she can file motions, object to evidence, and strategically question witnesses on behalf of his or her client.
When an individual has been arrested, and his or her charges are still pending, a criminal defense attorney can help decide if the best option is entering a plea offer that will quickly settle the case. If an individual facing trespassing charges wants to enter a plea offer, it is imperative that he or she has a criminal defense attorney by their side. In addition, a criminal trespassing attorney can help individuals gain an understanding of the possible consequences that can be associated with different options, such as a plea offer, and better prepare individuals for every possible outcome.
In New York, one of the most commonly used defense strategies of a criminal trespass charge is that the accused actually had permission to enter the building. An example may include an individual who was given permission to be on the property, but a security guard was unaware of this, so the individual is arrested for trespassing. In these circumstances, a criminal defense attorney can have the charges dropped by presenting evidence that confirms the defendant was allowed on the property.
If an individual has been charged with criminal trespassing in New York, it is serious and may result in serious penalties that include incarceration and fines. Moreover, a trespassing conviction usually means the defendant will have to participate in a post-release probation program for a specific amount of time.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic