Legal Question in Criminal Law in Illinois

Criminal Trespassing In A Apartment Building Lobby
I'm a seattle student, staying with a friend at his apartment in downtown chicago for a few days. I returned home late one eavening and called up to my friend's room. He was asleep and failed to answer the phone. I chose to wait in the lobby for him to wake up. I fell asleep in the lobby and the doorman called the police. I was arrested for criminal trespassing. I spent 30 hours in a chicago jail (waiting 'for my prints to clear') and am schedule for a court date in two and a half months.

My questions are the following: can i be charged with criminal trespassing in the lobby of a building where my friend has an apartment?

If I can convince the doorman/building owners to do so, can i have them drop the case on my behalf?

Do I have any recourse that would prevent me from needing to come all the way back to chicago for that court date?

Asked on 9/25/04, 11:05 am

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

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Re: Criminal Trespassing In A Apartment Building Lobby

In the first instance you have been charged with a criminal offense. It is a class A misdemeanor that has a potential penalty of up to 364 days in jail and a possible fine of up to $2,500. There is a chance that if you fail to appear in court a warrant will be issued for your arrest. This warrant in a misdemeanor case is likely to have a limited geographical enforcement area, but if you should return to the Chicago area and have not been to court you face the prospect of being locked up.

The charges are not for the building owners to drop, that becomes the decision of the State's Attorney. You should go to court and have an attorney. Your friend would be a valuable witness since you would be on the property as his guest. If you wish to discuss the matter further please call our office at 630-257-8280.

Answered on 9/25/04, 11:19 am

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