Criminal vs Simple Trespassing

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Anonymous Aug 31, 2010 Criminal Defense 1 views 2 answers

If a juvenile is found to have been on the roof of a school is it criminal or simple trespassing? I searched on the law and it seemed to indicate that it would be criminal trespassing if there were clearly posted rules or regulations(which there were not). The police officer involved indicated it was up to his discretion which does not seem right to me... Is this right? Should I involve an attorney if they want to send the child to a diversion program?

Attorney Answers

Benjamin Greenwald

Benjamin Greenwald · Jun 15, 2026

You are correct that both charges can be brought against your son. The reason for this is the simple trespass is a lessor included offense of criminal trespass. I practice criminal and family law in your area if you wish to speak to me about it.

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Eric Rothstein

Eric Rothstein · Jun 15, 2026

Its up to the DA what to charge. You should retain local counsel who handles criminal defense.

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