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bigdebo

Guest
I live in Texas.

I receieved a criminal trespass warning back in January 2002. I got it helping my sister move out of a house after she had a disagreement with the owner. No arrest from this and I've never been in trouble before at all.

Two months ago I got a notice of an arraignment for the criminal trespass charge. They have offered 12 months defered adjudification, about $600 in fines and court costs and 24 hours community service. I'm wondering if I should hire and attorney to fight the charges or if I should just pay the fine take the defered adjudification.

I don't think the whole thing is right since the warning states that if I return I'll be charged with criminal trespass, not that I'm being charged with criminal trespass. There was not anything illegal going on I was just helping my sister move her things out.

So, would a lawyers fee cost me more than the $600 and headache of taking the plea? Would it be worth hiring a lawyer?

thanks,

big debo
 


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Boxcarbill

Guest
Is it worth it to hire a lawyer? This a very individual decision. For some it is and for some it isn't. I can tell you, however, that the $600.00 fine is only part of the cost. On a deferred adjudication, as with any other probation, you will have monthly probation fees. Those vary depending upon the county but are around $30.00 per month. You will also be responsible for the court cost.

Talk to a lawyer. Then you will have more facts in which to base your decision.
 

JETX

Senior Member
I will also add that there is an apparent contradiction in the facts. If you had indeed only been on notice not to trespass, that in itself would not raise the charge. You would have had to be in violation of the notice to have been charged. Were you arrested on this 'trespass'??

The statute for this charge can be found at:
http://www.capitol.state.tx.us/statutes/pe/pe0003000.html#pe005.30.05
In reading it, you will see that one of the requirements is:
'(a) A person commits an offense if he enters or remains on property, including an aircraft, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so."
You would have had to commit this act AFTER being 'noticed'.
 
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bigdebo

Guest
Yes, there seems to be a big contradiction between what the warning says and what is actually happening.

no, I was not arrested or changed when I received the warning. In fact, the sheriff officers helped carry some of my sisters items out to my truck (I can't remember if it was before or after the warning was issued, but that seems irrelevant).

In fact I was only at the house (and town for that matter) once in my entire life.

From what I understand the property owner (who is not listed on the trespass warning, her step-son is) is attempting to bring charges against me but no charges have been brough against my sister yet (???). This stems from issues and/or disagreements that were completely between my sister and the property owner. I was providing transportation for the move and nothing more (and regretting my involvement now).

I just want to get this whole deal over with. I'm fine with paying the fines and such, but the principal of the matter is driving me crazy. It's just not right but I don't want to shell out $1500 to prove I've done nothing wrong.

As a side note, what constitues residency in Texas? My sister was living at this home for close to a year, but I don't think her drivers license was ever updated to that address :(

Is it feasable that I could find an attorney to get this dismissed for less than $600?
 

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