Criminal Law Questions? Ask a Criminal Lawyer.
Hi and welcome to JA. Ray here to help you today.
I think you should appear with him, try to talk to prosecutor.I don't think this was trespassing if you are the landlord and trying to secure the property. Take the health department information again I think they might drop this here if you do.It does not appear to be a willful trespass in this case.
Under Utah law, trespassing is defined as entering or remaining on the property of another, when such presence is prohibited by a sign or other notice or:
In general, this offense is classified as a Class B misdemeanor. Class B misdemeanors are punishable by up to 6 months in jail and $1,000.
I cannot see that this situation as you present it met the requirements for a criminal trespass.I would tell him to talk to prosecutor with you there as backup and seek to have it dropped here.Alternatively he could take it to trial I don't think they can prove a crime occurred.