i have just re categorized as criminal law.
Abandoned property means something else.
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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.
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.
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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.
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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.Ask a similar question
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.
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