Yes, it is always good to have confidence in the attorney you plan to hire. But always beware, lawyers are scum. I once had an attorney tell me a similar story then deliberately not do what he said he would do in order to, I believe, compel me to retain him for a trial. This matter is not that serious. If you don't plan on hiring an attorney for trial, maybe tell him that if the d.a. does choose to file the charges, then you would be going with the public defender after that. This would stop him from trying such a tactic as described above if he knows he won't be able to proceed to trial. Anyway's. CdwJava made a point which I feel needs to be corrected. Above, he said:
"Did you have to enter an enclosed backyard? If so, if you entered onto the gated portion of a property without permission, then you have, arguably, committed trespass."
I do not believe this is entirely accurate under the California penal code...
California Penal Code 602 (k) states that the following acts are crimes:
(k) Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent or by the person in lawful possession.
California Penal Code 602 (L) states that the following acts are crimes:
(l) Entering any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner's agent or of the person in lawful possession, and (1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner's agent or by the person in lawful possession to leave the lands, or (2) Tearing down, mutilating, or destroying any sign, signboard, or notice forbidding trespass or hunting on the lands, or (3) Removing, injuring, unlocking, or tampering with any lock on any gate on or leading into the lands, or (4) Discharging any firearm.
You did not enter a fenced property with the intent to interfere or harm the owners property rights...etc. Therefore, the only penal code i think you could be charged with, possibly, is P.C. 602(o) which generally states that it is unlawful to refuse to leave a property you have entered upon the request of the owner.
I would immediately obtain the police report in this case before you decide to take any deal the D.A. might throw at you.
What I see happening, worst case scenario, because their case is nothing, is that they would offer you a deferred adjudication of guilt, where you would plead guilty, be put on probation for one year, and if you stay out of trouble for that one year, the charges against you would be dropped and you would never have to tell an employer you were arrested for this charge. It would not be on your record. That is one possibility. But I think even that is too harsh for you. Like said above, you need to get the police report to see if it says that she said you refused to leave after being asked by her. If it does not say this in the police report, then there is no valid criminal charge against you and you should not accept probation or the plea bargain deal. Talk about this stuff with your attorney. If he says he thinks they can get you for trespass, ask him under what penal code. Don't let him give you a line of crap.
Just to know, where there any fences on the property? Did she tell you to leave and did you refuse?