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.

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1 Lawyer Answer
Benjamin Ostrer
Benjamin Ostrer
PREMIUM
Answered
  • 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.

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