Being blind drunk would certainly be a reason not to remember and would probably be consistent with the argument you had and why you were asked to leave in the first place. Trespass is an intent crime in Pennsylvania. You have to know that you were not allowed to have been in there. You would have a defense. Note however, that having a defense does not mean the same thing as having a winning
defense. In the end, it's going to be up to a jury. The state's burden would be to prove you didn't know you weren't allowed there beyond a reasonable doubt. If they believe that you may have been drunk enough not to remember that you were not allowed back (or which bar you were not allowed back to) then that could create a doubt and result in an acquittal
on these charges.
Although trespass can be a misdemeanor or a felony in Pennsylvania depending on what section of the code is charged, it can also be a summary offense, which is less than a misdemeanor and therefore not a crime, even though it would show up on your record as a violation. So if offered the opportunity to plead guilty to a violation and not a crime, you may just want to pay the fine or do some community service and move on. On the other hand, if you show up you find that you are only accused of the violation you won't have a great deal to lose by rolling the dice and trying the case. Your lawyer can explain all of that to you, however, as summary offenses can have jail penalties, and your attorney, who will get to have at least some access to both sides of this story, could give you a better sense of your trial chances and likely sentence
upon conviction than anyone could here..
If I've helped, please click the green Accept button so I can get credit for my work.
This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Edited by FranL on 11/2/2009 at 12:54 AM EST