At 16 can I go to jail for entering an abandon house in New York.

Asked 6 months ago - Angola, NY

Me and two friends entered a unlocked garage on a abandon house, after we left the house two cops came put us in cuffs, never read us our rights, the two cops said it was burglary.

Attorney answers (6)

  1. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is certainly trespass but I don't think you are going to jail over it. The police only have to give Miranda warnings if you are: a) in custody; and b) being interrogated. Most initial street encounters do not require Miranda warnings. Even if Miranda is required and not given the case is not dismissed. The remedy for a defendant is suppression of the non-Mirandized statements.

    I suggest you hire a criminal defense lawyer.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal... more
  2. Yan Katsnelson

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . in order to commit a burglary you must have intent to commit a crime within. If the property is abandoned to the point where there is nothing in there, then the prosecutors will have a hard time proving whether you intended to commit a crime within the abandoned property.
    Whether you will go to jail or not depends on some other factors, such as whether this is your first arrest and so on. I do not think you are looking at jail time but you should hire an attorney to look over the facts of your case and make sure that you do not go to jail. Also you should hire an attorney to make sure that you end up with a youthful offender status or a disposition which will not result in you having a criminal record.

  3. Robert Popescu

    Pro

    Contributor Level 8

    2

    Lawyers agree

    Answered . This is a criminal law matter, not a business matter as originally posted. Trespass can be a criminal offense, just as breaking and entering. You need not actually "break" anything to be found guilty of the offense. You need to consult with a criminal defense attorney in New York.

    Popescu Law Group answers questions for general purposes only. Our answers on this forum are not to be construed... more
  4. Stephen Charles Cooper

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Entering onto private property is criminal trespass. Unless the DA can prove intent, they cannot convict you of Burglary. If you were arraigned, ask your lawyer. If you were not, it means you were not charged with Burglary. Sentence depends on many factors.

  5. Arkady Bukh

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Since from your statement of the facts, it sounds like a place with nothing to steal, then the burglary charge will not likely stick. You should talk to a lawyer and the court may appoint one for you.

    If this answer was helpful please click that block. Answers in the forum are only general and it is always best... more
  6. Michael Charles Doland

    Contributor Level 20

    1

    Lawyer agrees

    Answered . i have just re categorized as criminal law.
    Abandoned property means something else.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more

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