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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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.
The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
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 as legal advice. No attorney-client relationship can be established before a formal consultation in our office.
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.
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 to contact a criminal defense lawyer to discuss your case.