Many shore towns, such as Belmar, Asbury Park, and Point Pleasant Beach, see a large number of visitors enjoying the well-known bars and clubs. 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.

If you refuse to leave and are highly intoxicated, you may decide to try to sneak back in with hopes of going undetected. What may initially appear to be a clever idea can quickly go wrong. In New Jersey, this behavior is considered defiant trespassing.

At Villani & DeLuca, P.C., our team of criminal and traffic defense lawyers represents clients facing these charges. 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. Under N.J.S.A. 2C:18-3b, 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 is a bouncer expressly telling you to leave. Other examples include a posted sign warning trespassers to stay out, or fencing put in place to keep people away from a building or 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 severe, but a conviction will create a criminal record that shows up on background checks. Anyone seeking employment will have to disclose the incident on applications and explain the circumstances.

What started as a rash decision to re-enter a bar can not only subject you to 30 days in jail but also affect you in the long term. Risking a defiant trespassing charge is simply not worth it.

Charged with Trespass?  Call Today for a Free Consultation

Although a defiant trespass charge is a disorderly persons offense, other factors could lead to more serious charges. Those charged with defiant trespassing may also be found in possession of controlled substances or drug paraphernalia.

With over 20 years of experience representing clients throughout Monmouth and Ocean County, Villani & DeLuca has handled numerous defiant trespassing cases. Our firm is located in Point Pleasant Beach and is ready to assist you.

Depending on the circumstances, we will work with you to get the charges reduced or dismissed completely, protecting your future from the lasting impact of a trespassing conviction.

Call us at (732) 709-7757 today for a FREE consultation.