Staten Island, NY asked in Civil Rights, Criminal Law and Libel & Slander for New Jersey

Q: A NJ police called my elderly mentally ill mother in NY and threatened her with arrest on false claim against me.

The claim was made by the company with which I had a contract dispute. And in retaliation they claimed that I entered their office without permition, even though I worked in that office for 9 previous month and had a company issued badge. They never revoked my permission to enter office and when I tried to send my badge to them by US postal service it was returned to me. No notice of termination was ever given to me, so for them to avoid a breach of contract. When I made a civil complaint for the breach of contract the company pressed charges of criminal trespass in local police based on undated video of me entering the office. The police couldn't identify me and used my misspelled name to somehow find my mother's telephone. I had to come to police and was given a villain with charges 2C:18-3b(1) which is a petty disorderly person in NJ. I appeared in court and entered not guilty plea.

1) How could police establish a probable cause based on such complaint? 2) What can I do to fight?

1 Lawyer Answer
James A. Abate
James A. Abate
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: It is not difficult to make out a claim of probable cause. The complainant simply needs to make an allegation that --if proven true-- would satisfy a conviction under the statute.

You are at risk of a criminal conviction and a. Criminal record. A probable cause hearing is available. But not likely to end the case. I recommend you take this matter seriously and retain a lawyer Who is experienced in the municipal court you have been charged in

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