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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4396
Experience:  Almost 12 years of legal experience
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i was cited with 498.120 hunting on the enclosed land of another. I

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i was cited with 498.120 hunting on the enclosed land of another.
I shot a legal deer during rifle season across a fence that I was missinformed was public property.
While cleaning the deer the land owner and police showed up and cited me the deer was the only thing taken away and I recieved a one count criminal trespass II.
Do I need a lawer or just go plead no contest and take my lumps I have never been arrested nor do I even have a ticket on my record.
I mad a wrong decision off of others information and what do I do now ?
Hello.

Criminal trespass in the second degree is a Class C misdemeanor, which carries a penalty of up to 30 days in jail and/or a fine of $1250. If you have a clean record, you may be eligible for a deferred adjudication program (DAP) or a diversion program. Both essentially mean if you follow the court's direction and stay out of trouble for a period of time set by the court (usually six months, but sometimes less or more) then your case is dismissed so you don't end up with a misdemeanor conviction. You may have to pay a fine or do community service or something like that as part of the program. You can try to negotiate with the prosecutor for these outcomes yourself, or you can hire an attorney to do it for you. That is up to you. Your other option is to try to negotiate it for yourself, and if the prosecutor refuses, you can then try to ask for a postponement to then obtain counsel to try to plea bargain for you. Regardless, if you have a good record it is worth it to try to keep it clean if possible.
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