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Did You Refuse To Leave A Bar At The Jersey Shore?

Posted by Carmine R. Villani | Oct 19, 2016 | 0 Comments

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Many shore towns such as Belmar, Asbury Park or Point Pleasant Beach see a large number of visitors who are trying to enjoy the well-known bars and clubs. While at these locations it is very easy for people to lose control after having too much to drink which could lead to a bouncer deciding to escort you out of the bar. If  you refuse to leave a bar and are  highly intoxicated and upset about being unable to remain in the location, you may decide to try and sneak back into the bar with hopes of being undetected. While this may initially appear to be clever idea often time what started out as a simple attempt to regain entry can go terribly wrong because in New Jersey this behavior is considered defiant trespassing. At Villani & Deluca, P.C. our team of criminal and traffic defense lawyers represent clients facing these charges, and if you or someone you were with has found themselves in this situation, legal representation is always recommended.

Refuse to Leave a Bar – Defiant Trespassing in New Jersey

Trespassing can be performed in a variety of ways and the statute, N.J.S.A. 2C:18-3b states that a person will be considered a defiant trespasser:

“if a person, knowing he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by actual communication, a posting that reasonably would come to the attention of intruders, or fencings and enclosures surrounding the place.”

An obvious example of a notification could be someone such as the bouncer expressly telling you to leave a particular place or area. Other examples of notifications could also be in the form of a sign telling trespassers to stay out, fencing put in place to keep people out of a building, a property or portion of a property. Defiant trespassing is generally considered a petty disorderly offense. If convicted, you could receive up to 30 days in jail and a fine of $500.00. These penalties may not seem very severe but a conviction for a disorderly persons offense will now create a criminal record that will show up on background checks. For those who are seeking employment you will now have to disclose on any application about the incident and now have to explain the situation where you had to too much to drink at a bar, were removed and then tried to sneak back in.  What started out as a rash decision to re-enter the bar can not only subject you to 30 days in jail but also affect you in the long term, which is why risking a defiant trespassing charge is not worth it in the long run.

Charged with Trespass?  Call Today for a Free Consultation

Although a defiant trespass charge is a disorderly persons offense, if there are other factors involved you could be facing more serious charges. Often times those who are charged with defiant trespassing offenses may be discovered to be in possession of dangerously controlled substances or drug paraphernalia. With over 20 years of experience in representing clients throughout Monmouth and Ocean County, at Villani & Deluca one of our criminal defense attorneys can assist you with your trespassing case. Our firm is located in Point Pleasant Beach and we have handled numerous cases of clients facing defiant trespassing charges.  Depending on the circumstances, our firm will work with you to could get the charges reduced or dismissed completely, which can protect you from having a trespass charged affect your future Call us (732) 709-7757 today to discuss your case during a FREE consultation.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


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