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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son got a summons for trespassing in Geneseo, NY. He was

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My son got a summons for trespassing in Geneseo, NY. He was passed out (from a night of drinking) in a neighbor's yard. The number is XXXXX which he says is just a violation and he will have to pay a fine. I am not so sure. Does he need a criminal lawyer to appear in court? Will this be on his record? Thank you!

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.

Thank you.

Roger : Your son is correct that this is a violation and is not a crime, so he won't have a criminal record either way.
Roger : The max sentence for a violation is 15 days jail and/or a $250 fine. The best reason to retain an attorney is to negotiate the sentence. If he has no prior offenses, he should not expect jail time, but possibly community service.

Thank goodness. He has been in trouble before in Geneseo where he attends college - he got 80 hours of community service for underage drinking and resisting arrest, thanks to an excellent criminal lawyer. Should I get a lawyer for him this time to appear in court because of his previous offense?

Roger : It would likely be best since he's got a short history.
Roger : A criminal attorney can likely work a deal with the prosecutor to keep him out of jail, and keep the fine at a minimum.

This was two years ago, but in the same county - so your advice is that I retain a lawyer for him?

Roger : Since it's not a "crime", he won't have any addition to his record from this violation.
Roger : BUT, since there is the potential for jail time, it's probably a good idea to consult a lawyer to try and negotiate a deal.

OK, I understand. Thank you so much, I am satisfied.

Roger : Thank you for allowing me to assist, and if you need anything further, please let me know.

No, thank you again.

Roger : You're very welcome, and good luck to your son!
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