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HELP. Got Charged with CRIMINAL TRESPASSING (3503 B.1)

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TheCitizen

Junior Member
I live in Pennsylvania (PA).

Hi. This is what happened: I moved out 3 weeks ago. I went to my old place to get my computer monitor back and give my keys to the owner. They knew I had the keys and they also know my phone number. I entered the house with my keys. The has many rooms for rent, so technically didnt "enter his property" since I knoked the door of -his room- to ask him for my monitor and just leave, and this dude's wives called the police saying that I wasn't supposed to be there anymore. I didn't enter his room. They called the police and they arrived as I was walking out of the house (I was leaving the house when they asked me to) I stayed outside of the house to explain myself to the officer and even though I explained myself to the officer myself I got arrested. First time ever. He said that it's only a summary offense (3503 b.1). But even though the code is "summary offense" which is not a crime according to him the yellow paper says "criminal trespassing" (it's ironic). And now I got these questions: (please reply)

1. Am I facing jail time?
2. Is summary offense (3503 b.1 iii; simple trespassing) a criminal offense?
3. Am a legal resident, if found guilty can I face deportation?
4. Whats the fine or penalty fee?
5. Im trying to find a professional job, does that stay on my record?
6. Will my employers see that?
7. I had keys to the house, didn't technically "break into" the house (the house, not the room that he pays for) and the owners knew, does that help me?
8. Can I win this? I consider Im not guilty since I didnt "break into" his property, I wouldn't do that.

Thank you, I'll be waiting for your well appreciated answers.
 
Last edited:


xylene

Senior Member
You aren't a citizen, and in general anyone charged with a crime needs a lawyer, but especially someone in your circumstances.

It isn't trespassing to be somewhere you have permission to be. I'm not really clear about that given what you said, and it seems you aren't either. Another reason why you need a lawyer.
 

Zigner

Senior Member, Non-Attorney
Xylene -

I disagree - it is clear that the OP did NOT have permission to be there. He "moved out" 3 weeks prior.
 

Mass_Shyster

Senior Member
1. Am I facing jail time?
You would have to check the statute. My GUESS is that there is a possibility of jail time, but it's unlikely that you will actually be sentenced to a jail term.

5. Im trying to find a professional job, does that stay on my record?
6. Will my employers see that?
Yup. A criminal offense shows up on a criminal background check

7. I had keys to the house, didn't technically "break into" the house
Opening a closed, but unlocked, door constitutes "breaking". Pushing open a partially opened door constitutes "breaking".

8. Can I win this? I consider Im not guilty since I didnt "break into" his property, I wouldn't do that.
Since you don't know the law, I don't see you "winning". You need a lawyer, particularly if you think a criminal record may cause you employment issues in the future.

One question: What was your rental term? If it was monthly and you moved out three weeks ago, you should have paid rent through the end of the month.
 

FlyingRon

Senior Member
Simple tresspass is a summary offense. You could get 30 days but that would be highly unlikely. Most likely you'll pay $100 fine and $52 costs or something along that magnitude. Still it's worth fighting in court. There's more to the statute than just entering/remaining in the place without authorization.
 

TheCitizen

Junior Member
Update

Hi. I read everything guys. I did everything you told me to do. I MET THE OFFICER IN PERSON and told me to plea as guilty, that is only a summary charge and that'll be fine, that I'll only pay a fine and that when I look for job I can tell my employers that I never commited a crime, kinda told me that he'll care of it.

He's an officer should I believe him? He told me that the PD Station then saw him again by coincidence on the streets and told me the same, that'll I'll be fine, that it wont affect my resident status or anything. Should I believe him? - Should I still talk to my lawyer about this? or just accept the charges? (I can still justify that Im innocent though)
 

FlyingRon

Senior Member
NEVER TAKE LEGAL ADVICE FROM THE POLICE!

Fine or not, criminal record or not, there's no reason to roll over and plead guilty to something you are not, in fact, guilty of.
Simple tresspass not only requires that you entered or remained where you were not authorized, but you had to do so with the intent to intimidate or injure the rightful resident or to damange the place or commit another crime.

You've got nothing to lose other than a couple of hours of time waiting around the magistrates to fight it.
 

xylene

Senior Member
I disagree - it is clear that the OP did NOT have permission to be there. He "moved out" 3 weeks prior.
The owner's wife flipped out. That does not mean the owner did not give him permission to enter, but yes the OP was very vague about that.



OP- don't take legal advice from cops.
 

TheCitizen

Junior Member
Is a public defendant enough?

So you suggest I still talk to my lawyer. Ok, I cant afford a lawyer so I went to the local court to get an application for PUBLIC DEFENDANT. Im going to take it back this monday so they'll chec if I quilify. Is a PUBLIC DEFENDANT gonna help me? I can't afford a lawyer.
 

TheCitizen

Junior Member
Inmigrant advice and protection

Should I talk to a immigration lawyer to protect myself? they keep telling me that if found guilty is not gonna be that harsh, that I'm only gonna get a fine, but I'm really scared about this... in a worst case scenario the last thing I want is this affecting my legal resident status. My record was clean before that and they keep telling me that my immigrant status is not gonna be affected, but I believe I still should look for legal immigrant aid just in case, right?
 

dave33

Senior Member
So you suggest I still talk to my lawyer. Ok, I cant afford a lawyer so I went to the local court to get an application for PUBLIC DEFENDANT. Im going to take it back this monday so they'll chec if I quilify. Is a PUBLIC DEFENDANT gonna help me? I can't afford a lawyer.
You are the DEFENDANT the attorney you may get is a public defender. You should try and pronounce things right to avoid confusion.

As already stated, never take legal advice from the police. Talk to an attorney, you may not need to plead guilty and avoid the other issues.
 

TheCitizen

Junior Member
Yes, public defender. Is this kind of attorney still good for me? again what about immigration issues concerning my case?
 

FlyingRon

Senior Member
You don't usually get an option for a public defender on a summary offense because they waive the jail possibility.
Public defenders are for those who are indigent and unable, rather than unwilling to pay for counsel.
You should certainly find out about the implications of even a summary conviction on your immigration.

Frankly, I don't think you're guilty. I hate to see people plead guilty out of convenience or ignorance when they are innocent.
 

TheCitizen

Junior Member
Letter from my manager explaining she knew I had the key

Understood. I didnt "break into" anything. Im innocent, the manager new I had the key and after I got arrested the officer saw that I had a key actually. Im gonna get a LETTER from the building's manager and bring to court to prove I was there under the concent of the manager. Besides I didnt enter the "victim's" room INTO the building, I just knocked the door and talked to him. Is that letter from my manager explaining that I had a right to be there gonna help?
 

eerelations

Senior Member
Legally, it doesn't matter that you had a key. The minute you moved out you were no longer legally allowed in that building. Not just the room but the building too. When you entered the building after moving out, you did so illegally. And you don't have to break anything for it to be illegal - using a key is just as illegal. You need an attorney, and fast. We can't help you through court from here.
 

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