Arrested and charged with trespassing, but didn't know?

Question

I was visiting a friend in the Lower East Side area of NYC with an associate. We decided to take a trip to the rooftop of his building to take some pictures of the view. Two undercover officers showed up later, arrested us, and charged us with trespassing. We had no idea it was illegal to be on the roof, but there is a sign downstairs in the lobby that states it is in fact illegal. So, my arraignment is tomorrow morning. I am going through interviews with big financial firms right now, and I'd hate to have something like this on my record... though if I plead NOT GUILTY, I'd have to show up in court on another date and attempt prove my case with evidence to the contrary. I don't have anything besides "I'm sorry, I didn't know I wasn't allowed to be up there". My associate wants to plead NO CONTEST to get it over with, but I'm worried about this silliness showing up on my record in backgrond checks. I don't know what to do :( I don't have a history, and don't want one. What do I do?

Also, I feel that pleading NOT GUILTY will force me to spend money & time on a lawyer, etc, just to prove my case... and it will postpone my endeavors with trying to get a job. I want to plead NO CONTEST so I can just get it over with, but I just hope this kind of thing doesn't come back to haunt me in my record. I guess I was just in the wrong place at the wrong time.

Oh, and no sign on door. Door was open.

Answer 1

There was a sign, you were there, you were trespassing.

Pleading "not guilty" is a lie. I feel being honest is the best way to go.

Pleading "no contest" is not admitting guilt. However the punishment can be the same. Since this does not count as a "win" for the DA, they may want to get you some punishment.

Plead "guilty." You know you are guilty and it goes further with the judge if you admit it. Offer the same explanation you just gave. If you got the camera, you can show the pictures to prove you were doing what you said you were doing.

Point out you have never been in trouble with the law before and ask for minimum sentence and parole on your own recognizance. Since a guilty plea counts as a win for the DA, he probably will agree to it. He does not want to come across as an "evil" prosecutor. You will probably get off easy.

Then stay out of trouble for the next two years.

ALTERNATIVE: Get a lawyer, spend the money and he probably can get a plea bargain down to something less.

Answer 2

1

Answer 3

There's a good chance this can get thrown out. Plead not guilty instead of no contest. No contest is pretty much an admission of guilt. Your 'not guilty' plea will be typed in your court documents to show anyone that needs to see (job).

Ignorance of the law isn't excusable but with all the cases, the judge won't want to waste time on something this trivial. (He/she shouldn't, more than likely because it wasn't a robbery, assault, etc. along with the trespassing charge they may just dismiss the case).

You still need to show up for court, dress impeccably and be very respectful. Sincerely apologize, explain the photo reason you were on the roof and keep it short and sweet.

Answer 4

Here is how I went about a similar-- though smaller in scale -- problem.

I once got a ticket for not having a front license tag. I had previously been in a fender bender that made the tag fall off. After getting it fixed, I askedd the car repair place if I needed to replace the front tag, and they said, "No." I also asked my Dad, and he said, "No."

So, when I got the ticket, I decided to go to court. I talked to the car repair place, and they said that they had, indeed been giving out incorrect info and they said they would vouch for that. When I got to the court, they aske how I plead, "guilty" or "not guilty." I started on my schpiel about how I didn't realize that it was illegal to not have a front plate, and the officer said I should plead, "No lo contendre."

I still have no idea what that means... but I think it basically means "I'm guilty, but I didn't realize this was a law."

Anyway, the judge dismissed the ticket.

Check out the No lo contendre thing and see if it applies to you.

Answer 5

That's pretty unlucky, and there's nothing you could have done. Actually, since your friend lived there, he should be punished. So it all depends on you. If time+money
EDIT: Also, forget all those people that say "derr you shudda looked at teh sign yeaah!" Keep your eye on what you want, learn from your mistakes, and completely ignore people the next time they say "well you should've done blah blah blah" because they are just insecure phonies that can't get over the past.

Just be honest, don't make anything up, that's what I'd do. But its what YOU do, right?

Answer 6

Lower East Side? Do you mean like the World Trade Center area? Taking pictures? Hmmm...wonder what they were thinking?
New York Laws:
§ 140.05 Trespass.
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
Trespass is a violation.
§ 140.15 Criminal trespass in the second degree.
A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a dwelling.
Criminal trespass in the second degree is a class A misdemeanor.
§ 140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property
(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders; or
(b) where the building is utilized as an elementary or secondary school or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law in violation of conspicuously posted rules or regulations governing entry and use thereof; or
(c) located within a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian or other person in charge thereof; or
(d) located outside of a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian, school board member or trustee, or other person in charge thereof; or
(e) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or
(f) where a building is used as a public housing project in violation of a personally communicated request to leave the premises from a housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone, pursuant to section eighty-three-b of the railroad law, by the city or county in which such property is located.
Criminal trespass in the third degree is a class B misdemeanor.

Find out what the actual charges are first. You may want to hire an attorney, a good one. Or you may simply pay a fine. Or, if you're Middle Eastern, get on an airplane. This city plays hardball when it comes to stunts like that. Either way, always plead innocent, fight it. They may not want to spend the money. Also, the judge may not even accept a no contest plea, which is the same as a guilty plea.

Answer 7

Good question why not indeed,the days of the open road and the fiction romance of the whistling gypsy have long gone and these retards and anti-social professional victims need to be made aware of this. I had to laugh at that failed hippy A.J and his right to freedom to deny others freedom,I suggest he and his wandering minstrels call into west Belfast and take their chances with the residents there,they have no time for such nonsense,the whistling gypsy will be booted over the hill and down through the valley's,here the travellers know how to respect.

Answer 8

1 - "No contest" is the same as "guilty" if you are concerned about your background being clean.
2 - If you have not been in trouble with the law before, contact the prosecutor and ask if the charge can be diverted.
3 - You are responsible for knowing the law and where you are and are not permitted to go.

Answer 9

Check the state statutes. In California, tresspassing can only occur if you are notified that you are trespassing and you do not leave immediately after notification.
It probably varies by state, but if you were unaware that you were unwelcomed, then you had no intent to commit the crime of tresspassing, and most crimes in English common law require Intent.

Fight it.

Answer 10

How did you get on the roof? Was the door unlocked? Was there a sign on the door?