/-/ooligan
Location: Las Vegas area Gender: Male
When in danger, when in doubt, RUN IN CIRCLES, SCREAM AND SHOUT!
| | Re: Trespassing Summons <Reply # 17 on 8/23/2013 6:40 AM >
| | | Posted by Rinzler You can either go to court and plead not guilty or just pay it. You havent been convicted of a crime, nor have a criminal record now. Its just a township ordinance ticket. Its basically the same kind of ticket you would get for drinking on a beach, open container, etc....
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Whoa there! How you you KNOW that she was just charged with what equates to a civil infraction, and that the recipient could simply pay a fine? She said she lives in NYC (& the implication is the alleged offense occurred in NYC), yet you go pontificating about it being just "a township ordinance ticket." One of us is on crack, and I don't think it's me...
It could very easily be a misdemeanor offense or even low-level felony, so I think your advice to her is reckless & potentially dangerous.
The summons should list what violation she's being charged with, and may specifically state whether it's a civil infraction, misdemeanor, or felony. She should research the charge, the site (are there court records of other trespassing cases, & if so, what was the outcome?), the judge or magistrate, etc. & then make the decision as to whether or not it'd be worth it in the long-run to consult an attorney as to how to plead. The right attorney (possibly legal aid society for free advice) will understand the law & how it is locally interpreted by the courts, and may advise you to plead nolo contendre, not guilty, or guilty but with a good explanation & apology. The attorney may even contact the property owner & ask nicely for the complaint to be dropped in-exchange for you going there & spending 2 hours pulling weeds or something. Being young & with no past criminal history, you can always take a chance by sticking to the basic story you told the officer, being very apologetic & letting the court & property owner know that you take responsibility for your trespass and realize the matter is serious, but advising that you have no criminal history, lots of ambitions that any sort of criminal record could ruin, and beg the court for mercy. Best-case scenario is that the DA's office will decline charges, the property owner will fail to follow-up/follow through with the DA's office. Likely scenario is that the matter will be 'taken under advisement' (not all jurisdictions do this) -- meaning you pay a fine + court costs but if you don't get anything else on your record within 6 months or a year, the case is tossed & you can legally state you've never been convicted. Worst-case scenario is the property owner lies and accuses you of vandalizing/stealing from his beloved property & even if it's plea-bargained down to something minor, it stays on your record.
/-/ooligan
There are no stupid questions, just stupid people. |
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