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Discussion Starter · #1 ·
I've read a couple of threads here about tresspassers on leases, or other property where writer has permission to post.

A couple of reminders:

Private land in NJ does NOT have to be posted. Its a good idea, but its not a legal requirement.

Tresspassing is a crime.

If law enforcement officials are called and refuse to take a complaint you wish to make, then they ARE IN VIOLATION OF THE LAW. This can be as serious as "obstruction of justice", which is a felony in NJ.

If you get told that the police won't take a complaint, get a badge # or patrol car # and time. Call your county prosecutor's office the next day and tell them the police have selectively refused to take the charge.
 

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If you get told that the police won't take a complaint, get a badge # or patrol car # and time. Call your county prosecutor's office the next day and tell them the police have selectively refused to take the charge.
And once you do that make sure that you walk a straight line because you will be under a microscope. Thats what happens when you cross a cop. I won a case in court one time and I was getting pulled over regularly by state troopers...They wouldn't give me a ticket or anything they would just hand me back my credentials and say "by the way,trooper *****(name withheld for obvious reasons) says hi. It continued until I got a differant vehicle.
 

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If law enforcement officials are called and refuse to take a complaint you wish to make, then they ARE IN VIOLATION OF THE LAW.
Wrong. What if they do not witness the crime? How are they to testify to the probable cause of the arrest?
This can be as serious as "obstruction of justice", which is a felony in NJ
I can see it being obstruction of justice is the police actually remove him from the property and the complaining parties want in arrested. NJ doesn't have felonies. They have degrees of crimes.
If you get told that the police won't take a complaint, get a badge # or patrol car # and time. Call your county prosecutor's office the next day and tell them the police have selectively refused to take the charge.
What will this solve? They will contact the local police agency involved and have them start an internal affairs investigation. Nothing will come out of it unless there is some gross negligence of duty.

Discretion is a big part of police work. If they don't witness a crime and have no evidence they can't arrest. If they complaining parties wish complaints to be signed they can do it in the court clerks office. Hearsay is not evidence.
 

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Guys,
I always look up information on a subject before I post. I'm no techno wizard or a book worm, what Iam is bound by a Code of Ethics as a outdoor communicator. Canon III "In Dealing with the public we shall strive for accuracy and truth at all times. Truth is sometimes an elusive element. Honesty and fairness are not."

First, I'm know lawyer, but I did make a simple google search. Mike, I know your a dispatcher, etc., but all I did was google search the subject, read the info. YES, THERE IS FELONY CHARGES IN NJ.

Second, Dbuck you are very correct with you statement. As there are many fellow members here in law enforcement, and one said it is true. I also like the fact thats he stated it's statis in professionalism. My best friend is a State Police Officer in PA. I have know him since I was three years old, and yes he would play your game if you messed with him.

Third, watch giving advice unless you are a liscense lawyer. There are many jailhouse lawyers, I'm a union carpenter by day and we have been know to get in a little trouble from time to time. You should hear the advice at work. We would all be doing time as co-conspritors.

Ryan
 

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So if someone steals my wallet but I don't have eveidence it happened. The Police don't have to take a report. ( The police did not see it happen and I don't have a wallet to prove its stolen)
Wrong. What if they do not witness the crime? How are they to testify to the probable cause of the arrest?
 

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there are a few errors in jersey bob's statements:

The 2 types of trespassing are criminal trespassing which is unlawful entry of structures, the second type of trespassing is called defiant trespassing which is when the actor trespasses on property when there is fencing, posting, or where there has been prior direct notification to the actor by the complainant warning against trespassing. In NJ, defiant tresp [no swearing please] IS NOT a crime, only a disorderly persons offense and police cannot make an arrest for a disorderly persons offense unless it occurs in their presence with probable cause, in such an event, the complainant would simply sign a complaint at police headquarters against the trespasser which would then be forwarded to the court for a probable cause determination and issuance
 

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Mike, I know your a dispatcher, etc., but all I did was google search the subject, read the info. YES, THERE IS FELONY CHARGES IN NJ.
I am confident it what I say, especially involving things with my job. You may be right, I too will do my research and if I am wrong I will resind my comment. Laws change all the time and it may have changed since I was told. I don't get all the updates given to me.
 

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Also, you may be suprised to know that there is no such thing as a felony in NJ. In NJ there are crimes and offenses. Crimes consist of 1st through 4th degree and offenses consist of disorderly persons offenses and petty disorderly persons offenses, thats it, no felonies
 

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Being that there are degrees of crime 1st being the highest and 4th the lowest. When someone is asked if they have any felony charges against them, What should one say. I'm a 1st degree crimanal. I understand the concept, but I the eyes of a background check you are a felon. Combining for over 75 years of serving clients throughout the state of New Jersey
When it comes to facing tough legal challenges, Sitzler & Sitzler has the knowledge and experience to help you overcome those challenges. We have been representing clients throughout New Jersey on a wide range of legal matters for over 75 years. When you come to us with your legal matter, we devote all of that experience to protecting your rights and interests, and helping you achieve your goals.

A large portion of our practice is dedicated to representing clients facing criminal charges. A criminal conviction can have a devastating impact on your life, your business, and your family. If you are charged with a crime, whether it is a misdemeanor or a felony, in state or federal court, you need an experienced and skilled criminal attorney to defend you. We can help.
felony
Related: Crime

(f?l´en?) , any grave crime, in contrast to a misdemeanor , that is so declared in statute or was so considered in common law . In early English law a felony was a heinous act that canceled the perpetrator's feudal rights and forfeited his lands and goods to the king, thus depriving his prospective heirs of their inheritance. The accused might be tried by an appeal of felony, i.e., personal combat with his accuser, the losing party to be adjudged a felon (see ordeal ). The appeal of felony was gradually replaced by rational modes of trial and was altogether abolished in England in 1819. In addition to the forfeiture of his property, the convicted felon usually suffered death, long imprisonment, or banishment. Death was an especially common English penalty in the 18th and the early 19th cent. To the list of common-law felonies—including murder, rape, theft, arson, and suicide—many others were added by statute. With the abolition of forfeitures in England in 1870 the felony acquired essentially its modern character. Felony is used in various senses in the United States. In federal law, any crime punishable by death or more than one year's imprisonment is a felony. This definition is followed in some states; in others the common-law definition is retained, or else statutes specifically label certain crimes as felonies. Other possible consequences of committing a felony are loss of the rights of citizenship, deportation if the felon is an alien, and liability to a more severe sentence for successive offenses. Felonies are usually tried by jury, and in some states the accused must first have been indicted by a grand jury .

Ryan

PS I also found out that a local police officer can only detail an individual. Only a sheriff can arrest someone.
 

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If local police or state police won't take action contact the local game warden or fish and game...it's also a hunting offense and they have jurisdiction also
 

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The 2 types of trespassing are criminal trespassing which is unlawful entry of structures, the second type of trespassing is called defiant trespassing which is when the actor trespasses on property when there is fencing, posting, or where there has been prior direct notification to the actor by the complainant warning against trespassing. In NJ, defiant tresp [no swearing please] IS NOT a crime, only a disorderly persons offense and police cannot make an arrest for a disorderly persons offense unless it occurs in their presence with probable cause, in such an event, the complainant would simply sign a complaint at police headquarters against the trespasser which would then be forwarded to the court for a probable cause determination and issuance
Thank you, I was about to post that info.
Like he said, property needs to be posted, fenced or communication directly to the offender needs to be done. And if the person leaves upon communication, assuming neither of the other sources is in place, then there are no charges to be levied as they complied to your directions.
Also as stated, police do not and really can't most of the time make an arrest for a DP or PDP. They will take a report and ask the complaintant to sign the complaint.

Sounds like Jersey Bob doesn't like cops. Oh well, life is a Bi*ch and then you marry a couple. :p
 

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Wildwork, where are you finding this info. I would like to se it for myself.
Directly from the State. Title 2C

2C:1-4. Classes of offenses
a. An offense defined by this code or by any other statute of this State, for which a sentence of imprisonment in excess of 6 months is authorized, constitutes a crime within the meaning of the Constitution of this State. Crimes are designated in this code as being of the first, second, third or fourth degree.

b. An offense is a disorderly persons offense if it is so designated in this code or in a statute other than this code. An offense is a petty disorderly persons offense if it is so designated in this code or in a statute other than this code. Disorderly persons offenses and petty disorderly persons offenses are petty offenses and are not crimes within the meaning of the Constitution of this State. There shall be no right to indictment by a grand jury nor any right to trial by jury on such offenses. Conviction of such offenses shall not give rise to any disability or legal disadvantage based on conviction of a crime.

c. An offense defined by any statute of this State other than this code shall be classified as provided in this section or in section 2C:43-1 and, except as provided in section 2C:1-5b and chapter 43, the sentence that may be imposed upon conviction thereof shall hereafter be governed by this code. Insofar as any provision outside the code declares an offense to be a misdemeanor when such offense specifically provides a maximum penalty of 6 months' imprisonment or less, whether or not in combination with a fine, such provision shall constitute a disorderly persons offense.

d. Subject to the provisions of section 2C:43-1, reference in any statute, rule, or regulation outside the code to the term "high misdemeanor" shall mean crimes of the first, second, or third degree and reference to the term "misdemeanor" shall mean all crimes.
 

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If local police or state police won't take action contact the local game warden or fish and game...it's also a hunting offense and they have jurisdiction also
True, but I think that has to be tressp [no swearing please] with intent to hunt under Title 23. Not sure.
If I'm correct, then sleigh riding wouldn't apply under F&G regs.:D
 

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Again, i say show me a statute in Title 2C (NJ Criminal Code) that uses the felony nomenclature in describing any offense but you can't because it's not found anywhere in 2C. Also, some people here should actually try to know what the law is concerning search and seizure prior to posting it as it could cause a dangerous situation for citizens and police alike. To make a statement that local police can only detain is absolutely wrong and it demonstrates ones lack of law as it pertains to arrest search and seizure. You need to hit the library and bone up on the law
 

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Mike,
Off the computer, researching just like you. If you want to be to the letter and call a 1st degree misdemeanor, just that, I'm fine with it. But, in reality you are treated as a felon. You can't hold office, you can't buy or have a firearm in possession. It's like say that someone is bi-sexual, gay, what ever, they are still a homosexual or other words. Take the 1st degree charges to another state and see what they call your misdemeanor charge, I promise it's a felony. When I go to work at any nuclear power house in NJ for work it asks if I have been charged with any felonies in NJ or any other state. Let's say that if I did commit a 1st cl [no swearing please] misdemeanor and put down just misdemeanor charges with no degree rating, you can bet that they would escort me off the plant and the reason was false information. I have witnessed it for the past 18 years.

Ryan

Call it what you will. Your still a felon, know matter how you dress it up with letters, etc.
 

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More from Title 2C

2C:43-1. Degrees of crimes
2C:43-1. Degrees of Crimes. a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows:

(1) Crimes of the first degree;

(2) Crimes of the second degree;

(3) Crimes of the third degree; and

(4) Crimes of the fourth degree.

A crime is of the first, second, third or fourth degree when it is so designated by the code. An offense, declared to be a crime, without specification of degree, is of the fourth degree.

b. Notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a high misdemeanor shall constitute for the purpose of sentence a crime of the third degree. Except as provided in sections 2C:1-4c. and 2C:1-5b. and notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a misdemeanor shall constitute for the purpose of sentence a crime of the fourth degree.

While searching felony on the state website is did come up in Title 2A. However that was in reference to motor vehicle pursuits coming into New Jersey from out of state believed to have committed a felony in that state. Felony is defined as a high misdemeanor.
 

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Ryan, you're right. Our classifications are different that other states. Hey it's New Jersey. I just wanted to get it out in the open that there is different terminology for NJ. When you go to the state website and search all the statutes for "felony" it does come up. Your example of job questionaire is there. As stated in my previous post it is defined as a "high misdemeanor" for NJ statutes.
I hope I didn't come off too defensive. Like I said previously I am confident in what I post especially about what I do. You made my look it up and I did learn new things.
 

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Got to go Mike. I have to show this guy Supawna Meadows NWR. He has permit for muzzleloader and wants to bag a nice deer. Taking the camera, just for kicks.

Ryan
 

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Discussion Starter · #20 ·
TJC--that you're right on..sleigh riding is probably the ONLY thing fish & game hasn't figured out how to license yet!!:D
 
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