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Trespassing Property Invasion, Damages, Trespass

Discussion in 'Criminal Charges' started by Nicole Grindel, Jul 30, 2018.

  1. Nicole Grindel

    Nicole Grindel Law Topic Starter New Member

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    Jurisdiction:
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    I was charged with trespass which never occurred. I have a notarized statement from the tow truck driver that I didn't trespass. How do I draft a motion to view evidence of trespass? I didn't trepass so, I know there's no evidence. Overall, I want a dismissal based on no evidence of trespass.
     
  2. Highwayman

    Highwayman Well-Known Member

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    You provided almost no details. What tow driver? What does he have to do with it?

    By the way, notarized statements mean nothing and it would be inadmissible as evidence in court.

    If you are accused of a crime you are entitled to see all of the evidence against you. Ask the prosecutor what the procedure would be to request it. Of course, you should really be represented by an attorney.
     
  3. Highwayman

    Highwayman Well-Known Member

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    By the way, it's not very smart to post here using your real name. I was able to look up your arrest information and I found out a lot of personal information about you. It took five seconds.

    You look pretty happy in your mugshot.
     
  4. Nicole Grindel

    Nicole Grindel Law Topic Starter New Member

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    I'm a tell all kind of person. I don't do anything illegal that needs hidden, altering, etc. Yep, looking back it was probably better to make up a name... NOW, I understand that. I don't even know how to view my own mug shot. I'm happy because I have nothing to regret
     
  5. army judge

    army judge Super Moderator

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    Plead not guilty, ask if you qualify for a public defender, talk about THIS only with your lawyer, defend the matter at trial.

    It's very doubtful this garden variety misdemeanor will be dismissed before trial.
     
  6. Nicole Grindel

    Nicole Grindel Law Topic Starter New Member

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  7. Nicole Grindel

    Nicole Grindel Law Topic Starter New Member

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    Yes, I plan to plead not guilty. Unfortunately I do not qualify for a public defender. I'm scheduled to plead not guilty on August 30th
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If this is a criminal trespassing charge I have to wonder what prompted your arrest. You should absolutely not discuss the details of such a charge in public and you should obtain the help of an attorney.

    Let's assume you can get a sworn statement from a witness. I'm not sure that helps you in this case since it would appear that the party who is charging you is the one who believes they have sufficient evidence to make the charge in good faith.

    If I had to guess what might have happened (and don't answer here on this issue), I'm wondering whether you entered into an area where your car may have been towed, perhaps a police station. If so, the tow truck driver who may have transported your car (or another car) is just a witness and someone else's testimony is the evidence which is causing your problem.

    Good luck.
     
    army judge likes this.
  9. army judge

    army judge Super Moderator

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    After your not guilty plea, the court will allow you six weeks (give or take) to hire a lawyer.

    If you are having trouble finding one, or paying for one, you can PROBABLY get another four to six weeks when you return and explain your issues.

    After that, you had better be ready.

    You can also talk to the prosecutor and see if he/she will offer you a deal.
     
    Nicole Grindel likes this.

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