Trespassing Charge

[Dancer12]

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

I was arrested for trespassing with no priors. The ticket was marked ORD not RSMO. I was booked and served 24 hours. I had a court date on Aug 26 and got a continuance and have a new court date coming up. I have the option of pleading guilty or not guilty. I want to plead not guilty but am worried about the outcome if I lose. One attorney I spoke with mentioned a max of 6 Mos in jail. Is this for real???

 

[FlyingRon]

Six months is probably the maximum sanction. ORD most likely means you were cited for some local (city) ordinance rather than under the state statutes. You want to tell us the actual municipality and ordinance number?

Generally, you never want to plead guilty unless you are 100% sure of the consequences of doing so. Get a lawyer.

 

[Dancer12]

Ordinance 130.05

 

[Dancer12]

130.05 TRESPASS.
(A) First degree.

(1) A person commits the offense of trespass in the first degree if he knowingly remains unlawfully in a building or inhabitable structure or upon real property.

(2) A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

(a) Actual communication to the actor; or

(b) Posting in a manner reasonably likely to come to the attention of the intruders.


(B) Second degree.

(1) A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

(2) A person commits the offense of trespass in the second degree if he enters upon real property of another and remains thereon without the written permission of the owner.