Hi - my name is XXXXX XXXXX X'm a Criminal Law litigation attorney here to assist you.
Under Oregon law, there are several types of trespassing charges. Do you know what degree (first, second, etc.) of criminal trespassing was alleged?
Criminal Trespassing in the first degree is a Class A misdemeanor. Here's the statute:
ORS § 164.255 Criminal trespass in the first degree.(1) A person commits the crime of criminal trespass in the first degree if the person:(a) Enters or remains unlawfully in a dwelling;(b) Having been denied future entry to a building pursuant to a merchant's notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.(2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:(a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;(b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and(c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.(3) Criminal trespass in the first degree is a Class A misdemeanor.
The punishment for a Class A misdemeanor is up to 1 year in jail and a fine of up to $6,250.00.
If the offender has a clean record, jail time is not likely. Instead, it is more likely that the judge will put them on probation for 6-12 months and give them a fine.
Sorry for the delay.
If he can work out a deal with the prosecutor that keeps him out of jail and a reduced fine, a plea is probably a good idea.
If you hire an attorney, he/she can try to work something out with the prosecutor ahead of time/before the court date. However, if you don't hire an attorney, it is not likely that the prosecutor will speak with you until the court proceeding.
If you don't hire an attorney, you would have to ask the attorney if you can try to work something out after the court calls up your case. The prosecutor will likely ask the judge to pass the case and then give you some time to talk before bringing it before the court.
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