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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23557
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Please explain what a felony tresspass is in the state of

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Please explain what a felony tresspass is in the state of colorado
Hi,

Thanks for requesting me. You're actually pretty close. Here's the law for Felony Trespass in Colorado.

Colorado Revised Statutes TITLE 18
CRIMINAL CODE ARTICLE 4
OFFENSES AGAINST PROPERTY
PART 5
TRESPASS, TAMPERING, AND CRIMINAL MISCHIEF

18-4-502. First degree criminal trespass.

A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein.

First degree criminal trespass is a class 5 felony. The presumptive sentence on a Colorado Class 5 felony is 18 months of incarceration.
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Customer: replied 3 years ago.

I know this sounds crazy because it is...they deferred this felony trespass and released him on a pr bond. Now again he has had another run in with the law, and the girl hes been dating for a month has said he slammed her head into a mirror, but refused med treatment and no damage to the mirror... she has said many false statements in the police report, and has also tried to drop the charges. Now his attorney is telling him they are going to offer him the felony bond violation, or the Domestic Violence misdemeanor. I have told him to take it to trial, as they are now pinning him with another bogus charge, but he says if he dosent take the DV misdomeanor they will give him the felony,,,is this correct or can he take it to trial? And thank you for giving me the trespass satuets.

Hi Rita,

Unfortunately, he's correct. He was given a great deal, and they are saying he violated the terms of it. He can certainly choose to take the DV matter to trial, but then he'll be vilated on the felony and wind up incarcerated. He'll be entitled to a hearing on the violation, but the state does not have to prove the VOP beyond a reasonable doubt, which is a trial standard. They only have to show they have probable cause to violate him. So really, he'd have to beat two cases in order to avoid a felony and a DV charge.

Cutting his losses will at least free him of a felony record. There may be some room also for some additional negotiation. It's his call, but the plea offers him significant damage control.

The safest course would be to take the DV offense and

Customer: replied 3 years ago.

Can he ask for a mistrial on the Felony trespass, due to being misrepresented by the attorney, as I stated he didnt go there with an intent to commit a crime, but has been charged with a felony trespass, only because he refused to leave when asked to, his public defender obviously didnt get him justice.

Hello Rita,

He cannot ask for a mistrial because his case was never tried to begin with. If he'd gone to trial, the state would have had to prove his intent to commit a crime beyond a reasonable doubt. Maybe they'd have done it. Maybe not. We'll never know. Your son gave up the right to challenge the evidence against him when he chose to accept the deferral.

He has a felony dismissal going for him, versus the possibility of going to prison for two years if he had wanted to try the case and if he lost it. I call the opportunity to get a case dismissed without running the risk of trial a heck of a deal. I don't know a defense lawyer who wouldn't say the same.

Defense attorneys are professionally obligated to convey every offer that the state makes and to go over it fully, talk about the up and down sides of the plea and give the client the information he needs to weigh it against the risk of trial. That's their job. Once all that is done, the decision belongs to the defendant and the judge questions him on the record to make sure this is what he wants to do and to make sure he knows what he's giving up, before he allows it to go through.

So I know what you're looking to do. You're hoping for a way around this situation, but a mistrial is something you ask for during the course of a trial. It doesn't apply here.
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Customer: replied 3 years ago.

Thank you Fran for all your great advice, it all makes perfect sense now, and yes I too feel he messed up a good deal, but I also feel he shouldnt have either of these charges, as they are so untrue. But just wanted to thank you, XXXXX XXXXX really helped me to see what they are trying to do, and I understand it now. Great job!

Thanks Rita,

I'd have loved to tell you something else, but the law didn't support it. I wish your son well!