[murphyboy83]

I'm 23 years old married with a beautiful daughter and one more on the way. I recently got charged with 2nd degree trespassing for ending up in a woman's bedroom whom I met 3 weeks prior to the charge. At the time even though I go out and drink about twice every two months I ended up getting drunk. I'm a small guy plus I don't drink very often so it doesn't take much t get me drunk. So I was at a party this being the last thing I remember and next thing you know I'm woken up by this woman yelling at me telling me to get out. Shocked I got up and realized too, that I wasn't in my home, not putting up a fight or anything I walked out the door stumbling down the street. About 20 minutes later I was cited on a street about 5 blocks from my home and arrested and charged with 2nd degree trespassing. So I read the ticket and realized that I knew the address so I got in contact with the woman and asked if she had pressed charges and she said no. So first of all I am wondering if the victim has any say? Can I fight this charge? What does the prosecution have to prove? Does the victim have to be at my hearing? Are officers able to charge trespassing without victims permission? Should I hire a lawyer or would a court appointed one be just as good for fighting this charge? I realize I was in the wrong but I didn't knowingly enter into someone's house. And when asked to leave I did, and the victim/friend didn't press any charges she just called the cops because she was worried about my condition.. What can I do to fight this charge?

[excon]

Hello murph:

Sloooooo down.. Of course you can fight the charge. Don't you watch Law & Order? A court appointed lawyer could be as good as one you hire. If you can afford a lawyer, though, they probably won't appoint one. Appointed ones are for those who can't afford their own. Sure the prosecutor can press charges. It's the state against you, not the victim/friend. Of course, he's going to have a hard time proving his case without her testimony. But, I have no idea how much you snitched on yourself when you were arrested.

So, take it one step at a time. If it were me, and I could afford to hire a lawyer, I'd hire the best one I could, and then I'd stay on top of him like cheese on a burger.

excon

[murphyboy83]

Hello murph:

Sloooooo down.. Of course you can fight the charge. Don't you watch Law & Order? A court appointed lawyer could be as good as one you hire. If you can afford a lawyer, though, they probably won't appoint one. Appointed ones are for those who can't afford their own. Sure the prosecutor can press charges. It's the state against you, not the victim/friend. Of course, he's going to have a hard time proving his case without her testimony. But, I have no idea how much you snitched on yourself when you were arrested.

So, take it one step at a time. If it were me, and I could afford to hire a lawyer, I'd hire the best one I could, and then I'd stay on top of him like cheese on a burger.

excon

Ok how much do you think it would cost to get a good lawyer who would be willing to fight this charge... on average giving a ball park figure?

All I told the arresting officer is I don't know how I got there and I must of obviously thought I was home because I took off watch and the only time I take off my watch is when I'm home getting ready for bed. What would be a good defense? Lack of intent or what?

[excon]

Hello again, murph:

I don't know. It depends. You can do some shopping in the yellow pages. Call some up. They'll tell you how much.

Good defense?? You don't have one. You were drunk. You blacked out. You can't remember. You took your watch off. A dog ate your homework. Blah, blah, blah... None of those excuses will get you off the hook. Maybe your lawyer can find a defense. That's why you need a good one.

excon

[murphyboy83]

Hello again, murph:

I dunno. It depends. You can do some shopping in the yellow pages. Call some up. They'll tell you how much.

Good defense???? You don't have one. You were drunk. You blacked out. You can't remember. You took your watch off. A dog ate your homework. Blah, blah, blah.... None of those excuses will get you off the hook. Maybe your lawyer can find a defense. That's why you need a good one.

excon

Ok I understand the defense thing, but if the officer knew I was drunk why wouldn't he charge me with public intoxication also...

So pretty much what you are saying is I am screwed huh? That's not good! Am I ever going to be able to get a good job after this?

[murphyboy83]

Hello again, murph:

I dunno. It depends. You can do some shopping in the yellow pages. Call some up. They'll tell you how much.

Good defense???? You don't have one. You were drunk. You blacked out. You can't remember. You took your watch off. A dog ate your homework. Blah, blah, blah.... None of those excuses will get you off the hook. Maybe your lawyer can find a defense. That's why you need a good one.

excon

Oh yeah and the officer never did a police report. And even if I hadn't been drinking what would be a possible defense anyway?

[Fr_Chuck]

First of course the officer did a police report, you can't be changed without a report on your arrest, he would have done about a 4 or 5 page arrest report or a hearing report ( depending on your state and what they call it)

Next nothing else matters, you are charged at this point and time, and an attorneyis the ONLY thing you can do, do not contact the person whose apartment you were in, that can add additional charges, your attorney can question them.

But it is possible that your lawyer will just not have you testify at all, and give no real defense, only hope the DA does not have a case with evidence to stand up in court that would convict you.

But that is totally up to your attorney, get one.

By the way , at least around here, most want about 5000 dollar retainer just to start your criminal case.

[murphyboy83]

First of course the officer did a police report, you can't be changed without a report on your arrest, he would have done about a 4 or 5 page arrest report or a hearing report ( depending on your state and what they call it)

Next nothing else matters, you are charged at this point and time, and an attorneyis the ONLY thing you can do, do not contact the person whose apartment you were in, that can add additional charges, your attorney can question them.

But it is possible that your lawyer will just not have you testify at all, and give no real defense, only hope the DA does not have a case with evidence to stand up in court that would convict you.

But that is totaly up to your attorney, get one.

By the way , at least around here, most want about 5000 dollar retainer just to start your criminal case.

Hey thanks for your advice but I have a few more questions: Even if I would not be able to get this dropped would I still be able to get it dropped down to a simple trespass? Since I'm not able to pay that kind of money for a lawyer would an appointed lawyer work just as good? Do I need to talk to a lawyer before my hearing or after? Do the state have to prove that I didn't leave the house when told to do so for conviction? Or what? How much longer after the hearing is the trial?

[landlord advocate]

If you were charged, there is a police report. The officer charged you with the highest crime possible for the circumstance. Once in court, with your court appointed attorney, you will be able to plead to "a lessor inclusive offense" which, with either no testimony or a favorable testimony from the friend, will probably be reduced to drunk and disorderly. This is based on the fact that you have not been arrested and convicted for public drunkenness in the past. Have you? Plain on a few character witnesses if it actually goes to trial, but you should be able to plead guilty to the LIO before court. Stop drinking, stay out of trouble and in a few years you will be able to expunge the record and move on.

[ScottGem]

No prosecutor wants to take a case like this to court. Unless I miss my guess, without a formal complaint, it should be dropped anyway. Now its possible the woman lied to you about making a complaint. Seems to me the cops wouldn't have charged you as they did unless she did file a complaint.

So start with the court appointed attorney and see if he can get the case dropped, or pleaded down to a misdemanor.

[excon]

Hello again, murph:

I think the advice you received from landlord and Scott is excellent. They're probably right...

However, in the criminal law arena, I have found that it's always a good idea to prepare for the worst, and hope for the best. Plus, there are longer term ramifications for you to consider that could have a greater impact on you than even this case will. Even if you plead it down, what will a criminal conviction do to you? Do you have professional licenses? Are you employed? There are others, and even others beyond that. Your record will follow you everywhere.

Second. Is the charge a misdemeanor or felony? It makes a big difference?

Your first hearing will most likely be an arraignment or maybe even a pre-trial conference. It doesn't matter what it is or what they call it. Plead not guilty. Don't say anything more than that. You'll have plenty of time to consider what your next move should be. If you are charged with a felony, and you fit the criteria for a free lawyer (see above), then one will be assigned to you, probably at that hearing. You'll be asked to fill out a balance sheet to see if you qualify for a free lawyer. Don't lie - that would be another felony. If you've even considered hiring a lawyer yourself, then you're probably too rich to qualify for a freebee.

If you're charged with a misdemeanor, then they're not required to furnish you with a lawyer no matter how poor you might be. However, the more progressive jusisdictions DO provide them.

In any case, you'll find out shortly. Relax, and get back to us.

excon

[murphyboy83]

Hello again, murph:

I think the advice you received from landlord and Scott is excellent. They're probably right.......

However, in the criminal law arena, I have found that it's always a good idea to prepare for the worst, and hope for the best. Plus, there are longer term ramifications for you to consider that could have a greater impact on you than even this case will. Even if you plead it down, what will a criminal conviction do to you? Do you have professional licenses? Are you employed? There are others, and even others beyond that. Your record will follow you everywhere.

Second. Is the charge a misdemeanor or felony? It makes a big difference?

Your first hearing will most likely be an arraignment or maybe even a pre-trial conference. It doesn't matter what it is or what they call it. Plead not guilty. Don't say anything more than that. You'll have plenty of time to consider what your next move should be. If you are charged with a felony, and you fit the criteria for a free lawyer (see above), then one will be assigned to you, probably at that hearing. You'll be asked to fill out a balance sheet to see if you qualify for a free lawyer. Don't lie - that would be another felony. If you've even considered hiring a lawyer yourself, then you're probably too rich to qualify for a freebee.

If you're charged with a misdemeanor, then they're not required to furnish you with a lawyer no matter how poor you might be. However, the more progressive jusisdictions DO provide them.

In any case, you'll find out shortly. Relax, and get back to us.

excon

Thanks for the excellent advice landlord Scott and Excon... it reallymakes me feel a lot better knowing that the case isn't that big of a deal! To answer your guys' question the charge is only a misdemeanor. Right now I'm a full-time college student here at the University. I don't even have a job right now. My wife has a full-time job, but that only pays $10 an hour. So Excon your saying if it's only a misdemeanor they won't even appoint me a lawyer or what? And by no means am I rich, I'm not even close to being rich in that matter. I called the courthouse yesterday to find out if my ticket had been submitted yet. I don't know usually how long it takes but I was charged on the 10th, so usually how long does it take to get to the courts? I'm in my last year of college and after that I plan on getting hired on at Union Pacific Railroad as a train crewmen with dreams of coming a locomotive engineer so with that I know that you aren't able to have any alcohol related driving convictions with in the last 3 years to qualify. Other then that there is nothing else I would rather do! I worry if there is a trespassing charge on my record they wouldn't hire me, but I don't know. I would just be happy getting my charge dropped down to a simple trespass if possible, because that is just a violation and that doesn't even go on your record. It would be awesome just to get the charges dropped however, I would settle for the small violation. The charge 2nd degree trespassing is when you knowingly enter or remain on premises/property when not properly licensed to do so. Or by any form of communication telling you to leave and by not listening the charge is 2nd degree tresspass! So I don't know, am I wrong?

[Ecomike]

Some universities have a legal aid department, that may be able to help you, may even help you find a lawyer and legal advise, sometimes the lawyers do special rates for students. What ever you do, get all the attorney advise you can find, and don't let them convict you of anything, not even a misdemeanor, for all you know someone with an ax to grind, or someone else trying to pull a prank slipped you a mickey at the bar, or party. May not even be your fault! Hell you could even have a medical condition that just started causing black outs triggered by an allergic reaction to small amounts of alcohol! I would ask an attorney to get the other side of the story from the girl, since you don't remember what happened!! You need to know what she knows!!

If you allow them to convict you of anything, future potential employers, police and prosecuting attorneys will all use it against you for the rest of your life!! Especially if you ever find yourself involved with the police again for any reason. Any conviction, no matter how small could kill any potential job like the one you are looking to land.

Also ask the court, and police department for a copy of the police report and a copy of the court charges against you. Usually the court secretaries will give you anything they can legally give you like a copy of the charges against you, and a copy of the police report and forms that need to be filled out and filed for certain pleas or information requests, and will tell you what they can and can not give you procedurally, like forms and how to fill them out advise. There may be a small copy fee.

Don't admit anything to anyone, except your retained council (your attorney, not theirs).

OH, and you have a lot of good questions about the police report, and who did what... so keep asking them, but I agree with the others here, don't ask the girl (lady) or the police officer directly, have your private council do that, if needed after getting the police report, and the court charges listed in writing. If you are rushed or forced into a situation without an attorney early on, always plea not guilty, then find a good trial lawyer if they don't drop the charges.

All of the above is my opinion only and not legal advise! :eek: