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MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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Myra, My 24 yr old son was arrested with 2 friends in an abandoned

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My 24 yr old son was arrested with 2 friends in an abandoned building in Denver.
they were charged with 38-115 (a) and 38-71
He has no criminal record and is working on his Masters- Public Health at DU
he is supposed to appear Aug 7 at DCC on Colfax.

A hit to his record would be devastating. Any suggestions ?

Hello and thank you for your question.

Section 38-115 is the Trespass statute. Under Sec. 38-115(a) it is unlawful for any person knowingly to enter or remain upon the premises of another when consent to enter or remain is absent, denied, or withdrawn by the owner, occupant, or person having lawful control thereof.

Sec. 38-71 is a violation of the Denver municipal code for damaging, defacing or destroying private property where the damage is under $1000.00. and corresponds to the state's criminal mischief laws. This charge is a misdemeanor.

Both these offenses are misdemeanors punishable by up to 6 months in jail and a fine from $50 to $750. This is not the disposition your son would receive but is the maximum penalty for the offenses. As this is his first offense, it is likely your son could get a deferred adjudication which means that he would perform community service, stay out of trouble, provide restitution and perhaps attend classes, and the case would be dismissed, usually after 6 months to a year, and he would not get a record of conviction.

At this point you may want to consult with a local criminal defense attorney regarding his options and any available defenses. An attorney would be in the best position to advise him based on the unique circumstances of his case. If he can't afford a private attorney, he should contact the court to have an attorney appointed. He can do this before the court date, so that he can have the opportunity to consult with an attorney before his first appearance. If he doesn't have a lawyer before the first court appearance, he should plead not guilty and request a lawyer and another date. That way he will have the chance to speak with a lawyer before he decides what to do.

Please feel free to ask any follow up questions.

MyraB and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you.


Do u think if he went in this week, the prosecutor would offer him that deal or should he plead not guilty and go back with an atty or take an attorney with him this week ?