• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Trespassing Charge?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jenndolynn22

Junior Member
What is the name of your state (only U.S. law)? COLORADO
Last night we answered the door to the local cop handing my husband a trespassing charge. It seems that last weekend at about 10:00pm my husband and his best friend went to the local Subway to get something to eat. While there, my husbands friend noticed a pretty girl behind the counter and told my husband that he liked her. Now his friend has always been very shy and awkward around girls, so my husband made converstaion with her. It seems like they were there for maybe half an hour to fourty five minutes. There was a couple other workers in the store at the time and they were all talking and having a good time. My husband claims that he never made any lewd, or disruptive comments or actions and that he was never asked to leave. The report the manager filed claims that they did ask him to leave. There is a surveillance video that was shown to the police of him chatting with the people behind the counter. How does this warrant a trespassing charge and how do we go about fighting it? I know that laywers are very expensive and I'm not sure if its even worth the fight. The maximum penalty is $50.00, and the cop told us that it wouldn't go on his record. He is already on a deferred sentance so I hope this is true. If any one has any advice or input on this matter, I would GREATLY appreciate it.

Thank you for your time.

Jenn
 


j991

Member
I always advise finding an attorney when facing any criminal charges. Do not believe the officer if he told you the charge won't show up on a criminal history, it will. When you go to court you need to file a motion of discovery to get a copy of the video for the night and time in question, a copy of the employees on duty on the night and time in question. Review the video tape closely and subpeona all of the employees that were there that night regardless of if you spoke with them or not. You needf to question each employee about what occurred that night.
 
Last edited by a moderator:

xylene

Senior Member
NEVER take legal advice from cops!

Hubby is already in legal trouble.

He needs a lawyer.

He also should know better than to:

1) Talk to the police.

2) Act the fool when he is in trouble.
 

jenndolynn22

Junior Member
?

What kind of legal trouble? Could you expand on that a bit?

There is just no way that we could afford a lawyer. The cops told him that it would never go on his record and that it would never leave the small town where we live. Are you saying that this could be false? If so, we are in deep you know what.

Thanks again for your time and input.
~Jenn
 

Roo

Member
The police have their own agenda, I wouldn't believe anything they say. This isn't a dig at the police, they're just doing their job.
 

j991

Member
You should hire an attorney if you can afford one, if you can't then the courts will appoint one for you if 1) you qualify finicially and 2) the courts are considering jail time. If the courts waive any jail time, meaning no matter what happens he won't go to jail, then the courts do not have to give you a lawyer.

If you insist on facing the charges yourself you need to file a motion of discovery asking for a copy of the police report, video survelience of the night and time, and a list of all employees on duty on the night and time in question. You should subpeona all of the employees, the manager, and the police officer back to court.

There are a multitude of questions to ask, to many to list here. I am not an attorney in your state, and again I advice getting you own attorney, but I will help with what I can.
 
Last edited by a moderator:

jenndolynn22

Junior Member
It seems to me like this situation is a lot larger than the officer made it out to be. I will look into hiring a lawyer, maybe we can take out a loan or something. Its difficult for me to help him, because I wasn't there and don't really know for sure what happened. I'm just trying to put faith in my husband and believe that he didn't do anything to warrant this type of charge. Thank you all very much for your advice, I assure you it will be put to good use.
 

CdwJava

Senior Member
What code section were you cited for? And if not cited for a violation of STATE law (and with a $50 fine, I suspect it is not state law), what city or county did this occur in (as it might be a local code violation which would tend to not show up on a state criminal history)?

- Carl
 

CdwJava

Senior Member
There does not appear to be a city of El Paso, and i cannto seem to find the El Paso County codes on line. So, you may have to go down to the local library and find out just what the charge is and how it is classified. If you are not booked (i.e. fingerprints and photos) then I strongly suspect this is not something that will go on any state criminal record, and will remain only at the issuing courthouse and with the court handling the matter.

However, it never hurts to consult an attorney before making a plea to ANY offense.

- Carl
 

jenndolynn22

Junior Member
Is this in municipal court or county court or district court?

What is your husband on deferred prosecution for?

(The answer is get a lawyer; but answer the questions anyway please.)
I believe its either county or district court. They told him that it would just stay in the town where we live and that it wouldn't go on his record.

His deferred sentance is for misdemeanor domestic violence charge involving myself. He is on a 36 months sentance on has only four more months to go.
 

jenndolynn22

Junior Member
There does not appear to be a city of El Paso, and i cannto seem to find the El Paso County codes on line. So, you may have to go down to the local library and find out just what the charge is and how it is classified. If you are not booked (i.e. fingerprints and photos) then I strongly suspect this is not something that will go on any state criminal record, and will remain only at the issuing courthouse and with the court handling the matter.

However, it never hurts to consult an attorney before making a plea to ANY offense.

- Carl
Sorry, El Paso is the County that we live in. I didn't quite feel comfortable posting the town we live in just in case someone local saw this post and put two and two together.

No, he was never booked or fingerprinted. The cop just knocked at the door last night and handed him the ticket (or whatever it is called) and told him what it was about and answered his questions. Apparently, he has to go to the town hall on the 7th of January and he can explain his side of the story and the person that filed the charge will tell his. Its not that big of a deal as long as it won't go on his record. It will just be $50 bucks down the tube. Its just that he was completely caught off gaurd and can't understand why this is happening. According to him it was just him and his buddy chatting with the people that subway for a while. He didn't overstay any welcome and he was never asked to leave. Never got the impression (until now) that he was upsetting anyone.

I dunno, like I said I wasn't there. I would like to believe that he is telling me the truth. I'm going with him on the 7th, so I'll get the hear the other side of the story as well.
 

seniorjudge

Senior Member
I believe its either county or district court. They told him that it would just stay in the town where we live and that it wouldn't go on his record.

His deferred sentance is for misdemeanor domestic violence charge involving myself. He is on a 36 months sentance on has only four more months to go.
This man has very serious problems.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top