My jurisdiction is: Brooklyn, NY
Hi,
I was on the roof of the building that I live in (Brooklyn, NY). I had walked out for a minute to use the phone when two police officers came over to me and said that I am trespassing, and gave me a criminal charge with a court date.
I looked into it and found out that they were there under the FTAP program in NY.
1. There were NO signs anywhere stating that you are not allowed to be on the roof nor was I ever told such a rule. Additionally the door to the roof was actually open.
2. The definition of the law of trespassing states "(S 140.05) Trespass.
A person is guilty of trespass when he knowingly enters or remains
unlawfully in or upon premises."
I did not know that I was not supposed to be on the roof, and the officers did not give me that choice... i.e. just to leave. They immediately asked for my ID, checked over the radio that I live in the building, and gave me the summons.
My question is, what line of reasoning will get this thrown out of court the fastest?
Thanks
Hi,
I was on the roof of the building that I live in (Brooklyn, NY). I had walked out for a minute to use the phone when two police officers came over to me and said that I am trespassing, and gave me a criminal charge with a court date.
I looked into it and found out that they were there under the FTAP program in NY.
1. There were NO signs anywhere stating that you are not allowed to be on the roof nor was I ever told such a rule. Additionally the door to the roof was actually open.
2. The definition of the law of trespassing states "(S 140.05) Trespass.
A person is guilty of trespass when he knowingly enters or remains
unlawfully in or upon premises."
I did not know that I was not supposed to be on the roof, and the officers did not give me that choice... i.e. just to leave. They immediately asked for my ID, checked over the radio that I live in the building, and gave me the summons.
My question is, what line of reasoning will get this thrown out of court the fastest?
Thanks