Defiant Trespasser, (2C:18-3b)
2C:18-3. b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
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July 13 morning I and my wife went to bus stop from home. (We commute between Bergenfield home to Manhattan for work daily.) There is a railroad crossing the street. When we approaching the railroad, the train was coming and the bar was down. After we made sure that the distance was still safe, we crossed railroad. The railroad police issued a summon for court Aug 26, for 2C:18-3. b. “trespassing on railroad”. We did not know that this is a trespassing, thought it is just like crossing street on red light.
We just wonder, what decision the court will usually make for this case, pay fine only, or plus imprisonment. We want to pay fine, never want imprisonment. Is there really somebody go to jail for such petty things. What we should say to the court.
Thank you for your advice.
While jail is doubtful, I cannot tell you that it is impossible. More importantly, I doubt you want a criminal record. I would suggest getting a good attorney ASAP to help you. If I can’t help you, I could refer you to a good attorney that can.