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Summons for trespassing

New York, NY |
Filed under: Criminal trespass

My boyfriend and I were in a car in the parking lot of a shopping center near my home at night when a police car approached us and told us we are trespassing. Note: The sign on the entrance to the lot said no overnight parking. But we weren't parked overnight + we were IN the car. They could have just told us to move! Instead after a long wait in the car worrying of what they could do to us, we got summons and now have to appear in court tomorrow morning. What should we do/say?

The summons is pink and says in violation of section 140.05 Could I plead not guilty? Is in necessary to hire a lawyer? (fin. sit is difficult) Are pictures of the sign at the entrance going to help? Is it going to go on my record?

Attorney Answers 4


  1. Best answer

    If you are in dire financial straits, the court will provide with you a lawyer. Obviously, this is not such a big deal and policeman could've just told you to take off. This is not an offense which merits jail time or even a criminal record absent any other negative factors.

    Law Office Of Michael Marley
    Phone 917 853 4484


  2. Bring a photo of the sign. A criminal defense lawyer is a good idea too.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. Retain a criminal defense attorney as this should not be a serious charge to overcome, though no charges should ever be taken lightly.


  4. You don't need to say anything. Show up, and ask for an attorney. If you have no criminal history you should simply be arraigned and the matter should be adjourned for you to get an Attorney.

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