NYC Criminal Trespass Criminal Lawyers

NYC Criminal Trespass Criminal Lawyers is serious matter, we fight the city and the state to ensure your rights remain protected, that might sound dramatic, but the government tries to run you over if you don't stand firm. Trespass in New York lead to harsh punshments under N.Y. Penal Law § 140.05, prosecutors love to accuse people of occupying property without permission. We see many decent folks gets hammered with these charges, they face possible jail or fines. Todd Spodek's law group defends your freedom by forcing the state to show real evidence or back down, we won't let them push you around.

Property Confusion and Your Defense

Property owners often call the police when they see you near a restricted area, you might not even realize your on private land, but the state jumps to charge you with Criminal Trespass under N.Y. Penal Law § 140.10. Courts define "owner" as the person or entity with lawful possession or control, so the government tries to claim you lack permission. Our solution is to fight back by showing you had lawful reason to be there or the property werent clearly posted, plus we check for a flawed police procedure. The Spodek Law Group invests time in verifying evidence, Todd Spodek is a second-generation lawyer who personally reviews client files and ensures no offical oversteps, we keep an eye on the state's aggressive tactics.

Scenario: Visiting a Friend

Imagine you were visiting a friend, you accidentally enters a part of their apartment building that's locked to the public, so the landlord calls 911. We argue in motion to dismiss that you had implied consent to pass through since your friend was a lawful tenant, see People v. Graves, 76 N.Y.2d 16 (1990), which clarifies implied permission in multi-unit dwellings. We file pretrial motions under CPL § 210.20 seeking immediate dismissal, Todd Spodek's team does not wait for trial to test the states flimsy evidence.

Scenario: Construction Site Trespass

You can also get arrested for trespassing when you wonder into a posted construction site, the city claims you're endangering public safety. We challenge that accusation by checking site signage, any site that fails to follow NYC Building Code § 3307 on fencing and warnigs can't justify a criminal charge. Our attorneys push for an early hearing under CPL § 170.30, Todd Spodek's group then negotiates with the prosecution for a potential dismissal if the site manager negleted those rules.

Lack of Intent as a Defense

Lack of intent is a strong defense if you accidentally walks into an open door without seeing any no-entry sign, the government tries to spin it as intentional wrongdoing. We use People v. Basch, 36 N.Y.2d 154 (1975) to show that absent purposeful intrusion, the charge falls apart. Our firm keep you updated with our digital portal, Todd Spodek's white glove approach means we call you day or night to prepare you for each step.

What Are the Different Trespass Degrees?

New York law punish trespass in three main degrees, N.Y. Penal Law §§ 140.05, 140.10, and 140.17 outline each offense in detail. The government lumps you into a higher degree if it claims you knowingly entered a fenced area or possesed a weapon, and they rely on broad definitions to trap you. Todd Spodek, featured in that Netflix series about Anna Delvey, has tackled each trespass degree in court, we argue the state overreachs every time.

Arraignment and Next Steps

After your arrest, you appear for arraignment within 24 hours, the courts read the charges per CPL § 180.10 and sets bail or release conditions. Prosecutors then gathers evidence, they love to stretch small facts into big allegations. At Spodek Law Group, we file demands for discovery under CPL § 240 to see the government's proof, Todd Spodek decades of trial practice let us spot holes right away.

Challenging Evidence

We contest the admissibility of any statement you made without a Miranda warning, Miranda v. Arizona, 384 U.S. 436 (1966) protects you from forced self-incrimination. We also question any security footage if the chain of custody are weak, the government tries to gloss over missing camera logs. Todd Spodek's thorough cross-examination frequently exposes contradicotry witness accounts, the state hates when we poke holes in their narrative.

Trial Approach

If the case proceeds to trial, we use CPL § 260.10 to ensure a jury of your peers decides your fate. We present your side clearly, the government tries painting you as a menace, but we're not letting them spin that story. Todd Spodek stands by you from jury selection to verdict, he's known for weaving strong narratives that undermine the prosecutors claims.

Plea Bargains and Alternative Resolutions

Sometimes we push for an ACD (Adjournment in Contemplation of Dismissal) under CPL § 170.55, it can lead to a full dismissal if you stay out of trouble for six months. We also negotiate lesser offenses that won't wreck your record, the government tries to scare you into a harsh plea deal. Todd Spodek use his nationwide experience, we've offices in NYC and Los Angeles, so we handle complicated negotiations with local and out-of-state authorities.

Out-of-State Clients

If you're not a New York resident, the court might impose travel restrictions, under CPL § 530.20 the judge decides bail terms that could limit your movement. We help you navigate these constraints, Todd Spodek has represented high-profile out-of-state defendants, including the Netflix docu-series case. Our fully digital portal allows you to upload documents without flying in, we also keeps you informed of every appearance so you can plan accordingly.

Deadlines and Call to Action

You must act fast, failing to respond to a summons or missing a court date triggers a bench warrant under CPL § 530.70. The government doesn't hesitate to revoke your bail or escalate charges if you slip up. Contact us now, Todd Spodek and the entire Spodek Law Group keeps you safe from the state's overreach, we give you real solutions, not empty slogans. This article is general information, not legal counsel. Always consult an attorney about your specific situation.