Trespassing Lawyer Bergen County, NJ
If you are facing a trespassing charge in Bergen County, New Jersey, Law Offices Of SRIS, P.C. provides legal representation focused on defending criminal charges. Our firm, founded in 1997, has extensive experience handling disorderly‑persons offenses, including trespassing, in municipal courts and the Superior Court. A conviction can carry jail time, fines, and a permanent record, making early guidance from an attorney critical. Mr. Sris, Owner and Founder, is a former prosecutor who understands both sides of the courtroom. From our New Jersey location, Mr. Sris and his Of Counsel appear in courts across Bergen County. We help clients navigate the legal process, explore diversion options, and work toward favorable outcomes. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Trespassing Means in Bergen County
Under New Jersey law, trespassing is governed by N.J.S.A. Title 2C. Simple trespass — entering or remaining on property without permission — is typically a petty disorderly persons offense, punishable by up to 30 days in jail and a fine of up to $500. Defiant trespass, which involves refusing to leave after a warning or returning after being forbidden, is a disorderly persons offense and carries a possible sentence of up to six months in jail and a fine of up to $1,000. Because these are charged as non‑indictable offenses, most trespassing cases are heard in the Bergen County Municipal Court.
The Bergen County Municipal Court, located at 10 Main Street, Hackensack, NJ 07601, handles all disorderly and petty disorderly persons matters. Cases are prosecuted by the municipal prosecutor, and defendants have the right to be represented by a private attorney. New Jersey abolished cash bail in 2017; pretrial release is now determined by a Public Safety Assessment that evaluates risk rather than ability to pay. While trespassing may appear minor, a conviction can create a criminal record, affect employment, and have immigration consequences for non‑citizens. Our firm focuses on achieving dismissals, downgrades, or diversion wherever possible.
How Mr. Sris and His Of Counsel Handle Trespassing Cases
When you engage our firm, we begin by reviewing the specific facts of the charge — whether it involves a public space, private property, or a dispute over permission to be present. We assess the evidence, including witness statements, police reports, and any posted signage or prior notice. A key focus is whether the prosecution can prove the defendant knowingly entered or remained without authorization, as required under New Jersey law.
Our approach includes negotiating with the municipal prosecutor to seek dismissal, downgrading the charge to a lesser offense, or securing admission into a diversion program. For first‑time offenders, we explore conditional discharge or other deferred disposition options that can result in the charge being dropped after a period of probation. If trial is necessary, Mr. Sris and his Of Counsel are prepared to challenge the prosecution’s case at the municipal court level. Every case is handled with the goal of minimizing the impact on our client’s future.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. A former prosecutor, he brings firsthand knowledge of how the prosecution builds cases. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He and his Of Counsel team focus on criminal defense matters, including trespassing, in Bergen County. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary.
Mr. Sris and his Of Counsel have documented over 4,739 case results across all practice areas since 1997. Our firm’s practice concentrates on defending individuals accused of crimes; we do not provide prosecution services. From our Tinton Falls location — 44 Apple St, 1st Floor, Tinton Falls, NJ 07724 — we serve clients throughout Bergen County. We offer consultations by appointment, and our phones are answered 24 hours a day, seven days a week. Call (888) 437-7747 to schedule a consultation about a trespassing charge.
Frequently Asked Questions
What are the penalties for trespassing in New Jersey?
Simple trespass is a petty disorderly persons offense punishable by up to 30 days in jail and a $500 fine, while defiant trespass is a disorderly persons offense carrying up to six months in jail and a $1,000 fine. In addition, a conviction creates a permanent criminal record that can affect employment, housing, and immigration status. The court may also impose probation, community service, or restitution if property damage occurred. An experienced defense attorney can argue for a dismissal, a downgrade, or a conditional discharge that avoids a conviction.
Does New Jersey have cash bail?
No, New Jersey abolished cash bail in January 2017. Under the Criminal Justice Reform Act, pretrial release is decided by a Public Safety Assessment — a computerized risk score that evaluates flight risk and danger, not the defendant’s ability to pay. There are no bail bondsmen in New Jersey. For most trespassing defendants, release without monetary conditions is common because the charge is non‑violent and carries low risk scores.
Can I get my trespassing charge dismissed?
Yes, a trespassing charge can often be dismissed or downgraded with effective representation. Dismissals may result from insufficient evidence, failure to prove intentional entry, or procedural errors. For first‑time offenders, the court may also allow a conditional discharge — probationary supervision that, if completed successfully, leads to dismissal of the charge. Mr. Sris and his Of Counsel work to identify the strongest path for resolution in each case.
What is Pre‑Trial Intervention (PTI) and could it apply to trespassing?
PTI is a diversion program for first‑time indictable (felony) offenders; trespassing is generally a disorderly persons offense and is not eligible for PTI. However, similar diversion options, such as conditional discharge, are available at the municipal court level for first‑time offenders facing drug‑related or certain other charges. If your trespassing charge is alongside an indictable offense, PTI may become relevant. We evaluate each client’s eligibility for all available diversion programs.
Do I need a lawyer for a trespassing charge in Bergen County?
While you are not legally required to hire a lawyer, having an experienced attorney is strongly recommended to protect your rights and your record. Even a petty disorderly persons conviction can have lasting consequences. A lawyer can identify legal defenses, negotiate with the prosecutor, and guide you through the court process. Mr. Sris and his Of Counsel regularly appear in Bergen County Municipal Court and can assess your case during a consultation.
How long do I have to file an expungement after a trespassing conviction?
New Jersey allows expungement of a disorderly persons conviction after a waiting period of two years from the date of conviction, payment of fine, completion of probation, or release from incarceration, whichever is later. For petty disorderly persons offenses, the same two‑year waiting period applies. Certain trespassing‑related convictions may be eligible sooner under the Clean Slate law if you have remained conviction‑free for ten years. Expungement petitions are filed in the Superior Court of New Jersey. An experienced attorney can help determine your eligibility and prepare the petition.
Explore related local pages: Hunterdon County criminal lawyer ·
Somerset County criminal lawyer ·
Morris County criminal lawyer ·
Monmouth County criminal lawyer ·
Sussex County criminal lawyer
Official sources: Bergen Vicinage Court ·
New Jersey Legislature statutes ·
New Jersey Municipal Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris. Results may vary.