Criminal Law Questions? Ask a Criminal Lawyer.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:-What city and state do you live in?-What are the charges against you?
What type of notice were you given not to go to this bar?Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
DearCustomer- Well I cannot tell you that you can simply "get out" of this since you have been charged with a crime. What you need to do is not discuss the case with anyone and get an attorney. If you can't afford an attorney you should ask the court to appoint one. In any event you need to plead not guilty at your initial court appearance.
This will get your case into the court system and offer you a chance to talk to the prosecutor and the court to see if there is a chance for a dismissal or a reduction of the charges. There may also be an offer of some type of diversion to keep this from going on your record. Unless you have some prior criminal record you will most likely be eligible to have this expunged from your record at a later date but that is not a sure thing.
The fact that the police actually served you with a notice is not helpful when using the defense that you "forgot" since it would be hard to believe you would forget being served by the police. In any event the best course of action is to try to get the best plea deal possible since going to trial will most certainly result in a conviction.
As for possible penalties I doubt you would be sent to jail assuming you have no prior record. Generally this type of conviction results in a fine and probation and possible some community service. Once again, I can never guarantee what any court will do but it is more likely to get a more severe penalty if you take the case trial and lose rather than pleading to some lesser charge.
There just is no way to simply walk away from something like this so that is why I strongly urge you to get legal assistance to minimize the damage.
Thank you for your response. The reason I did not know I was trespassed is because I was given the trespass when i was blasted drunk and I never recieved a copy of anything so I did not remeber it. I left the bar without provication and was found later at another bar where I was served with a trespass order. I found this information from the police officer. I was unaware that I was trespassing and I was never asked to leave...In fact I was there for 2 hours b4 the owner called the cops and no one ever said I shouldn't be here etc. Would mistaken trespass work as a defense?
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