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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 04-08-2009, 07:06 PM
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Join Date: Apr 2009
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Criminal Trespass Arrest


What is the name of your state (only U.S. law)? Nevada

I recently woke up in jail in Gardnerville, NV (near Lake Tahoe) and I had no recollection of what I did to end up there. Upon asking the officers at the station what I did they could only respond with, “you were arrested at the casinos in Stateline for criminal trespassing”, but they couldn’t even specify which one. I was very intoxicated, as the breathalyzers showed, and the last thing I remembered was trying to find my friends to leave the casino.

Anyway, eventually I was able to post bail and was given a court date. As I was leaving the sheriff told me that if I didn’t want to drive 4 hours from the Bay Area for the court date I could handle the whole thing by simply calling the court/DA. But, upon trying to call the court I was immediately told that I had to appear on the court date. Why would he tell me that if there wasn’t some truth to it? Should I try calling the DA and ask if they are pressing charges?

One thing I have going for me is my reputation, I’m over 25, this is my first offense, and I have a Masters degree in engineering. Unfortunately, I also need to protect my reputation, my employer is on the verge of bankruptcy and I might be looking for a new job in a few months. For this reason, I’ve tried calling a couple lawyers, but they haven’t been very responsive. I’m also a bit hesitant to shell out thousands of dollars for a trial lawyer…how well can they defend me if I can’t give them any details of the incident? Am I eligible for a court appointed lawyer for something like this?

I’ve heard a couple stories of people getting off similar charges by having a local lawyer call the DA and getting the charges reduced or thrown out for a fraction of the cost of hiring a lawyer for trial. This seems feasible in my case, especially given what the sheriff told me. If this is possible, how do I find a lawyer that knows the DA and would be willing to do this for me?What is the name of your state (only U.S. law)?
  #2  
Old 04-08-2009, 07:40 PM
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Join Date: Mar 2009
Location: USA
Posts: 150
You need to get a control of your drinking. If you are drinking so much that you do not remember where you were or what you were doing, you have a SERIOUS problem. Join AA or a enter a residential program NOW.

If you are in a position to shell out thousands of dollars for a trial lawyer, the court is not going to appoint a lawyer for you. The court does that only for those that are too poor to pay for a lawyer. If you are touting your masters' degree and are worrying about your reputation, you will be expected to hire your own lawyer.

You have some serious misconceptions about the legal system if you think you can hire a lawyer who is "friends with the DA" and will call the DA and the DA will drop the charges. Stop watching so much TV.

Your crime happened in NV. You need to hire a criminal defense lawyer in NV in the Lake Tahoe area. It will cost you from several hundred to several thousand dollars. That lawyer will obtain the police report and figure out what you did and what is the best course of action for you. It will most probably be some sort of a plea bargain. Depending upon what exactly you did, you may be looking at a criminal record with probation/community-service and jail time at one extreme to just a fine and no "record" at the other extreme. Only your lawyer can tell you, but only after reviewing the police report and the surveillance videos from the casino.

I hate to provide good news to a drunkard, but there is good news. The casinos make money by selling booze. Cities/counties make money by taxing casinos, so they will bend over as far as they can to accommodate you so you and other booze hounds like you will keep coming there and keep buying their booze. Because of that, you will likely get off easier than if exactly the same thing happened at a bar in the Bay Area.
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