How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thoreau (T-USA) Your Own Question

Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
18048122
Type Your Criminal Law Question Here...
Thoreau (T-USA) is online now
A new question is answered every 9 seconds

Hello, my 17 yr old son was charged with 3rd degree criminal

Resolved Question:

Hello, my 17 yr old son was charged with 3rd degree criminal trespassing in Delaware. He took his truck off the road and got stuck in the mud. The area he entered is an old road no longer used for traffic. This area has zero no trespassing signs and no chain across the entry onto this road. I don't feel he is guilty of any criminal offense. Am i correct? Thank you
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 4 years ago.
Can you provide the statute he is being charged under? It should be on the documentation he received upon his arrest. This information may improve the quality of my response.
Customer: replied 4 years ago.
It says in violation of 11 Del. C. 0821 0000 V on the summons.
Expert:  Thoreau (T-USA) replied 4 years ago.

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

Thank you for your question.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


The relevant statute is as follows:
http://delcode.delaware.gov/title11/c005/sc03/index.shtml
§ 821. Criminal trespass in the third degree; a violation.
A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.
Criminal trespass in the third degree is a violation.


A violation is not as a serious as a misdemeanor and is a relatively small issue. However, it would still be prudent for him to retain an attorney to assist him in the matter, as his attorney may be able to help him minimize the fine or possibly defeat the charge. The fine for a first offense of a violation can be as much as $345, though subsequence violations increase the fine.
http://delcode.delaware.gov/title11/c042/index.shtml
§ 4207. Sentences for violations.
(a) The Court may impose a fine of up to $345 for the first offense of any violation, up to $690 for the second offense of that same violation and up to $1,150 for the third offense of the same violation; provided, that only violations which occurred within 5 years of the violation for which sentence is imposed shall be considered in determining sentence.
(b) The Court may impose a period of Level I probation up to 1 year for any violation.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.



Customer: replied 4 years ago.
I understand you are under no obligation/liability with your answer and thank you for the answer so far. One last thing; in your opinion is he innocent of this charge? He didn't knowingly enter an area he knew he wasn't supposed to be and he left as soon as he was told he could, no signs, nothing closing the entrance. I just don't see a criminal offense here.
Expert:  Thoreau (T-USA) replied 4 years ago.

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

I think it's a completely idiotic charge. Anyone at any time could commit such an offense if it's enforced that way. It's nothing short of stupid.

I think he really should sit down with a local attorney so his attorney can evaluate the matter in light of the local judges and prosecutors. If he thought he was on a public roadway, he wouldn't be guilty. The statute requires that he knowingly be on the real property. That said, depending on the nature of the area he was in, signage (that he might not have seen), etc., he might be found guilty, even if he didn't really do anything wrong. He really should sit down with a local attorney and discuss the matter in detail. That attorney might be able to get the matter resolved by discussing it with the local prosecutor. Alternatively, there might be an opportunity with a diversion program. Honestly, I think he can probably find affordable representation for something like this. It's more severe than a traffic ticket and less severe than a misdemeanor. He may be able to find an attorney who will handle it for as little as $100-$200, which is a figure I've seen attorneys handle traffic tickets for. Representation for minor matters can be very affordable.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.



Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.