Criminal Law Questions? Ask a Criminal Lawyer.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I certainly understand the situation and your concern
It is always in the best interest of a defendant, charged with a crime, to retain legal counsel. When your son appears in court, he will be expected to enter a plea of not guilty if he intends to fight this or may be offered a plea deal, to resolve it that day. However, based upon what you stated above, he could have a defense. The attorney is going to want to make a demand for discovery and see all the evidence which the State has and is going to be using against him. If your son and his friends were in the woods, where they had a legal right to be and the property became private, at some point, there would need to be signs posted, in a conspicuous area, advising of such. The burden would be on the State, to show that you son saw these or they were placed where he could not miss them. If your son and his friends did nothing wrong nor caused any damage, it seems odd that the land owner would want the State to file charges against them. Based on the facts which you stated above, the State may even offer his a diversion program, that he can enter into, instead of going to trial, to get the case dismissed. He could ask about this when he appears. I do not think the State is likely to seek any probation or jail but it could result in a fine and court costs. However, this is not something he wants on his record, so should do what he can to keep it off.
Thank you for quick response. I now believe we will get an attorney to be sure we take care of our son in best way possible. Thank you.
You are welcome. In the event that there are not legal defenses to raise, the attorney can certainly work out a plea, that is in his best interest. Please let me know if there is anything else. If not, please remember to rate my help with 3, 4 or 5 faces, so I can get credit for my answer. Thank you.