Ithaca, NY asked in Criminal Law for New York

Q: I got a trespass violation PL 140.05 eventhough I had already left the place and I am not sure how to proceed with this.

After a night of drinking, I ordered and paid for a pizza and after waiting some time I was told the pizza would take longer than expected, i asked to cancel the order and the lady wouldnt do it. She asked me to leave and I answered that I will once she cancelled my order. She called the cops and I left. The cops stopped me walking home and gave me the ticket. The money was refunded but after all the facts.

Related Topics:
1 Lawyer Answer
Benjamin Ostrer
Benjamin Ostrer
  • Criminal Law Lawyer
  • Chester, NY
  • Licensed in New York

A: Did the lady refund your money? It doesn't sound like a trespass particularly if it was open to the public. You should be able to get the charge resolved. Since you entered lawfully and left after requested to do so. As the charge is a violation, you should be able to resolve it by speaking to the prosecutor at the local justice court. You can call the court to find out the name of the assigned prosecutor and contact him prior to the court date. If you feel unable to do this, speak to an experienced lawyer in your area.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.