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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32596
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I received a summons for trespassing on my soon to be ex husbands

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I received a summons for trespassing on my soon to be ex husband's girlfriends property.
What happen on Feb. 17, I went to her house where my husband lives to give back his wedding ring. I did not see his vehicle there but that does not make any difference because he hides it all the time. I entered the screen- in- porch and could see that he was not there, but his girlfriends daughter was, therefore I left with out knocking on the door or talking to anyone. Saturday night a police officer came to my door with a summons, he asked me if I had been at her house and I said yes. He asked me why and if I had talked to anyone and I answered them. He handed me the summons and said I was charged with trespassing. I asked why and he said that back in October when I had been to her house to get papers from my husband, she had called the police and complained that she did not want me on her property and that I had returned within 1 year. At that time my husband or I had not filed for divorce, so I could understand why she did not want me to see my husband, but since then we have filed for divorce. I never even gave it a thought that I could not come onto her property, and did not think I was doing anything wrong. I never went to the police station to get a copy of her complain from that October incident so it is very possible it was stated in the officer report that I could not come on her property in a years time. My concern is because this is a misdemeanor should I hire a lawyer? At this time she has an assault charge pending against her from me from an incident that happen this last summer.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 5 years ago.
Yes, you should probably hire a lawyer. However, the case is bogus because you have to be told not to come there for the one year prohibition to be in effect.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 5 years ago.
<p>I don't remember being told that but what if I had been told that. Should I go and get the police report to see if that was stated?  I went to the police deptpartment and had the clerk search and there is no where stated that I was to stay away for a year.  Do you sugest that I plead not quilty or go for a petty misdemeanor?</p>
Expert:  Dwayne B. replied 5 years ago.
Get an attorney and plead not guilty. They usually have a hard time proving that they told you to stay away.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 5 years ago.
One more question, when the officer questioned me I admitted that I was at her house, but he never gave me the option of not answerering. Will that hurt me not pleading quilty?
Expert:  Dwayne B. replied 5 years ago.
No. The lawyer may be able to suppress the statement anyway.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 5 years ago.
JD 1992, I have reread your answer and I want to clarify for me that I was told that she did not want me on her property but never given a time length, Also, is there a report written every time an officer talks to someone... when at the police department, the clerk could not fine anything from this lady except the summons, I do know that an officer did talk to the two of us, either in October or November... so I keep going back to I never was given a time length.. so why would the police officer write on the summons "return in a years time", if no one can come up with the report to show me? I am contacting a third lawyer, for some reason, they are not receptive to the idea of being not told a time length. Any suggestions on how I can convince the lawyer to look into this?
Expert:  Dwayne B. replied 5 years ago.
There doesn't have to be a time length given, just a clear instruction that you were not to be on the property.

I have no idea why the officer would write that on the summons or what it means. There is not a report written every time a police officer talks to someone, or at least not in every department. Well run departments will have it logged on the computer.

As far as how to get a lawyer to look at it, go to www.avvo.com and look for one that does criminal law in your area. They will be the type of lawyer you need.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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