Essex County DUI / DWI Defense Attorney You got pulled over at the Route 280…

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You’ve been arrested in Essex County for entering a property without permission—maybe an abandoned building in Newark, maybe a foreclosed home in Montclair—and the paperwork says either “burglary” or “trespassing.” Those words sound similar, but they determine whether you face thirty days maximum or three to five years in state prison. The difference isn’t what you did physically. The difference is what prosecutors claim you were *thinking* when you entered: were you just there without permission (trespassing), or did you enter with the **intent to commit a crime** once inside (burglary)? That subjective determination shapes everything: which court hears your case, what penalties you face, whether you await trial from home or from Essex County Jail.
Todd Spodek, managing partner of Spodek Law Group, brings constitutional vigilance to criminal defense—his practice spans nationwide, and the firm was founded in 1976, giving us over 50 years of defending clients when state power targets them. When Todd represented Anna Delvey against theft charges while prosecutors portrayed her as a villain, he demonstrated what principled defense requires: holding the state to its burden of proof, challenging evidence, refusing to accept charges at face value. That same advocacy applies when Essex County prosecutors charge burglary instead of trespassing based on flimsy circumstantial evidence. You can reach the firm anytime at 212-300-5196.
Look at your arrest paperwork. Does it say “criminal trespass” under N.J.S.A. 2C:18-3 or “burglary” under N.J.S.A. 2C:18-2? That distinction determines your entire trajectory. Both charges involve entering property without authorization—but burglary requires prosecutors to prove you entered **with the purpose to commit a crime** inside. That’s the entire difference. But that difference scales your maximum penalty by a factor of one hundred. Defiant trespassing is a petty disorderly persons offense—maximum thirty days county jail, five hundred dollars fine. For first offenders, typical outcome is conditional discharge with probation, community service, no jail time. Burglary under New Jersey law is an indictable crime—third-degree carries three to five years state prison, second-degree (if you were armed or dwelling was occupied) carries five to ten years and **presumption of incarceration**. You appear *within 48 hours* at Essex County Superior Court for a detention hearing where a judge determines whether you’re released or held pending trial. Proving intent is hard. Intent is subjective—it’s what you were thinking when you entered. Prosecutors rely on circumstantial evidence: tools you carried, time of day, what you said to police, what you did once inside. If you entered an abandoned building at noon with a camera to take photos, that’s trespassing. If you entered the same building at 2 AM with a crowbar and a bag, prosecutors argue that’s burglary. Your words to police matter enormously—”I needed money” establishes intent to steal, which converts trespassing into burglary. That’s why the Fifth Amendment right to remain silent isn’t optional advice—it’s constitutional protection against handing prosecutors the intent evidence they need.
If you’re charged with trespassing, your case goes to municipal court. You’ll receive a summons for your first appearance, typically two to four weeks out. At arraignment, you enter a plea (your attorney advises “not guilty” to preserve leverage), your lawyer requests discovery, and the judge sets a return date. Your attorney reviews police reports and evaluates whether evidence supports the charge. For first-time offenders, conditional discharge is standard—six to twelve months probation, then charges dismissed. The entire process runs two to four months.
If you’re charged with burglary, everything accelerates. You appear *within 48 hours* at Essex County Superior Court for a detention hearing under New Jersey’s bail reform system. The judge determines whether you’re released with conditions or detained pending trial. **Without an attorney at this hearing**, you risk unnecessarily restrictive conditions or preventable detention. Your attorney presents mitigating circumstances: stable housing, employment, family ties. That presentation can mean the difference between home and jail for the next twelve to eighteen months. After the detention hearing, the prosecutor presents your case to a grand jury. If you’re a first-time offender facing third-degree burglary, your attorney applies for Pretrial Intervention (PTI)—complete one to three years supervised probation, and upon successful completion, prosecutors dismiss your charges. No conviction, no prison, no criminal record beyond the arrest itself. But PTI requires prosecutorial consent, which is why your attorney’s application must demonstrate you’re not a public safety threat and have employment and community ties.
Without counsel, you plead guilty and create a criminal record. With counsel, you negotiate.
For trespassing cases, your attorney negotiates before you step in court—often securing conditional discharge or downgrade to a municipal ordinance violation (which creates no criminal record). Most Essex County attorneys charge $3,500 to $6,000 for routine defense—substantially less than the long-term cost of a criminal record affecting employment and housing applications.
For burglary cases, hiring an attorney before your detention hearing isn’t optional—it’s the difference between spending twelve to eighteen months at home versus in jail. At the detention hearing *within 48 hours* of arrest, prosecutors argue you’re a flight risk. Without an attorney to counter with evidence of your employment and family ties, you lose by default. Defense counsel reviews all discovery immediately—police reports, witness statements, video. They identify weaknesses: Did police have probable cause? Was your Fourth Amendment right violated? They evaluate the intent evidence: can prosecutors actually prove you entered with criminal purpose, or is the evidence consistent with mere trespassing? If the evidence is weak, defense pushes for dismissal or downgrade. They apply for PTI early—prosecutors are more willing to approve when defense applies immediately with a strong application.
Google tells you “up to five years” and terror follows. But statutory maximums and typical outcomes diverge dramatically. For defiant trespassing, the maximum is thirty days and $500 fine. In practice, first-time offenders receive conditional discharge, fines around $250 to $500, community service, no jail time. For trespassing on schools or dwellings (fourth-degree crime under N.J.S.A. 2C:18-3(c)), the maximum is eighteen months state prison, but first-time offenders typically receive probation or qualify for PTI. For third-degree burglary, the maximum is three to five years prison and $15,000 fine. First-time offenders without aggravating factors rarely serve prison time. Typical outcomes: PTI (if approved), or probationary sentence lasting three to five years. **Prison becomes likely only if you violate probation**—miss check-ins, get arrested again, fail drug tests. Prosecutors leverage the maximum to pressure pleas: “Take this deal or face five years.” Defense knows actual sentencing patterns and calls that bluff when appropriate. But if you reject pleas and go to trial, judges impose harsher sentences upon conviction—that’s the trial penalty. For second-degree burglary with aggravating factors—armed with weapon, occupied dwelling—presumption of incarceration applies. Judges presume you’ll serve prison time unless extraordinary circumstances exist. The collateral consequences often matter more than the direct sentence. Criminal records block employment. Housing applications get denied. For non-citizens, even misdemeanor convictions trigger immigration consequences—deportation, inadmissibility. That’s why diversionary programs are valuable: they avoid conviction entirely, preventing cascading consequences that follow you after probation ends. Essex County prosecutors routinely charge burglary when evidence supports only trespassing, then offer to “downgrade” to trespassing as a plea deal. You feel grateful—but defense counsel recognizes that prosecutorial “generosity” for what it is: an acknowledgment the burglary charge was overcharged. The question defense must answer is whether prosecutors can actually prove the intent element at trial. What evidence proves intent? Circumstantial indicators: tools carried (crowbar, bag for stolen items), time of day (2 AM suggests criminal purpose), statements to police (“I needed money”), conduct once inside (rummaging through drawers). What doesn’t prove intent? Simply being on property—that’s trespassing. Entering through an unlocked door—burglary doesn’t require “breaking.” Not taking anything—intent upon entry matters. Being homeless seeking shelter—this negates criminal intent, though prosecutors often charge burglary anyway. Consider two scenarios. First: You enter an abandoned warehouse in Newark with a camera during daylight. You’re charged with trespassing—unauthorized entry, but no evidence of criminal intent. You receive conditional discharge. Second: You enter a foreclosed home in East Orange. Police find you inside but no stolen property. You explain you’re homeless seeking shelter. Prosecutors initially charge burglary, but defense argues evidence doesn’t support intent to commit theft versus seeking shelter. After negotiation, charges downgrade to trespassing. Defense counsel’s job is evaluating whether evidence supports the charge prosecutors filed, or whether the charge is inflated to create plea pressure. Prosecutors wield enormous discretion. The same conduct—entering an abandoned building—becomes either a thirty-day petty offense or a three-to-five-year indictable crime depending on whether the prosecutor claims you had criminal intent. Vigorous defense means holding prosecutors to their burden of proving every element beyond a reasonable doubt, including the subjective intent element. If they charged burglary but can’t prove intent, defense forces them to admit that through dismissal or downgrade. That’s demanding accuracy from state power. Call 212-300-5196.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS