In my experience, the state will not drop the case. They are more likely to reduce the charge to a 140.05
, which is a lower form of trespass and a criminal violation. A violation is less than a misdemeanor and is not considered a crime, so he will still be able to say he's never been convicted of a crime, even if he pleads guilty to the 140.05. They would offer him a fine or a couple of days of community service to go with it and that will be that.
If this is the only charge, they will not offer him probation on the misdemeanor. It is not serious enough to be worth a sentence
of probation. On the misdemeanor, they would probably offer him a conditional discharge (go home, stay out of trouble for a year or we will reopen this case on you).
Either way, because he is still a young man and because criminal matters can have lifetime consequences, he really should have a lawyer. What I'm concerned about -- and what you should be concerned about -- is that he is not stuck with a criminal record at his age that can hinder him for the rest of his life. NYS does not expunge criminal matters, so if he doesn't get this right, there's no way of getting it off of his record later.
The violation WILL show up on a background check as a conviction, even though it is not a crime. It will show as a conviction to a violation. So you want a lawyer to try to get that sealed as part of the deal before he takes that plea. If the DA does NOT reduce the case to a misdmeanor, he will end up with a criminal record and a misdemeanor conviction, even if he gets a conditional discharge, if he pleads to the 140.15 or the 140.10..
So I would still tell him to have a lawyer, because staying out of jail is not the only thing he has to worry about here. And of course, depending on what is alleged, he may also want to fight the case rather than take any deal. And that is something he should not do by himself.