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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27263
Experience:  Lawyer
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Okay so I'm 22 years old and I recently got arrested. It

Customer Question

Okay so I'm 22 years old and I recently got arrested. It here's what happened. I had 3 drinks before I went to the bar went to the bar around 11 o'clock had three more rum and cokes two shots of tequila and according to my buddies I said I was taking an Uber and he left the bar around 1. I was completely blacked out I walked around the neighborhood behind the bar which is about 3 or 4 miles from my house. I guess I walked around from 1 until around 4:35 where I been went to a random house and proceeded to kick your front door open walk inside I announced that I was home finally, they asked me to leave I left. Then that's when I got arrested walking down the street. I was so messed up that I told him I was 19 and I was working for this company that I work for when I was 19 Kama it took me about 3045 minutes of talking to the cops for me to actually come to a bit. The cops knew me from previous noise complaints at my house they thought I was acting out of character call my roommate and let him know what was happening Kama they then took me down to the gym where I got booked got my fingerprints taken and my picture taken and then the cop drove me back to my house. A few days after I finally got my charges which was first degree criminal trespassing and criminal mischief which was a misdemeanor because the damage was $250. I'm just curious since the criminal trespassing is a felony if there is anything I can do to prove that I was not conscious enough to know what I was doing. Or basically what will happen to me with these charges.
I have one previous offense 4 years ago when I was 18 I got a DUI I completed probation successfully. Also I've been Colorado if that makes a difference
Submitted: 3 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 3 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You can testify as to your state of mind in order to prove that you were not capable of forming the intent to commit any sort of crime once you entered the house. That's important, because that state of mind is necessary for them to prove that you committed a felony. See Colo. Stat., Section 18-4-503 and Section 18-4-502. Third degree trespass is a petty offense that does not require any specific state of mind - all they have to show is that you were in a place you weren't supposed to be. Voluntary intoxication is not a defense to that charge. But your lawyer may be able to help you negotiate a plea bargain where you plead to the lesser offense rather than going to trial on the misdemeanor or felony charges.

The first thing that will happen is you'll go to a hearing where the judge will explain the charges against you. You have a right to have a lawyer appointed for you if you cannot afford one, and you make that request at this hearing. The lawyer will enter a plea of not guilty on your behalf to give him some time to review all the evidence. You'll then get a date for another hearing, when you'll come back and tell the judge whether you've settled or want to go to trial. You do have a right to go to trial to prove that you're not guilty, but because third degree trespass doesn't require that you knew you were trespassing, you could be convicted of that instead, and you might get a lesser sentence if you can agree to a deal with the DA.

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Expert:  Lucy, Esq. replied 3 months ago.

Did you have any more questions about this?