[murphyboy83]

I recently about a month ago got cited for criminal trespass in the 2nd degree. During my arraignment or after the district attorney looked over the case he must have came up with the highest charge possible that I could receive. He bumped my trespassing 2nd degree up to crminal trespass in the 1st degree. And he also threw in disturbing the peace. My first question is can I use that against the state?because on my ticket it was 2nd degree trespassing. Second question is if the person whom I allegedly trespassed onto their property doesn't testify if this case even makes it to trial, does the state even have a case against me if the victim claims it was just a misunderstanding? Is there a chance the DA bumped it up with the idea that I would plead down to the lesser charge which I was charged with first or what or did they do it just to make it more of a case, I'm confused? Did the DA do this to try in scare me or what? I need help any advice would help. And I did qualify for a public defender, what are things I should let him know. I definitely want him to contact the victim because I know the victim and this person would not testify against me unless forced to. Thanks!

[Fr_Chuck]

The DA can raise or lower the change as they believe the facts of the case fit the crime. The police officer merely charges to what his understanding is, but that is merely the initial charge and is subject to have additional charges added anytime within the statue of limitation period.

So yes they may add charges, normally they will charge with what the DA or ast DA belevevs fits the crime. Most DA's do plea bargin as long as they beleivev justice is done.

Next depends on the case, if the police officer arrested on the property, and the person signed the statement that you were tresspassing, The DA may not even call the other person in as a witness.

You should tell the public defender the exact truth, everyhting that really happened, if you are quity as... tell them, and let them work out the best deal, don't ever lie to your attorney, it is OK to tell them you are guilty, they still have to try and get you off if at all possible, and it is often easier if they know every detail of the truth.

Now most public defenders if the evidence against you is fairly good, will try and have you work out a plea, so do expect them to recommend a plea to you.

And the DA will "force" them testify, since they will merely remind them that filing a false police report and statement is a criminal offfense and that they will be charged if they change their story.