Legal Question in Criminal Law in Massachusetts
Trespassing without awareness
I received an application for a criminal complaint for trespassing. I was not aware I entered a private property. I went lost, and used a private driveway to turn around, never getting out of the vehicle. It was a rainy day and I didn�t have clear visibility to notice the signs stating that it was a private property. A person blocked my way as I was trying to exit the driveway, yelling at me and demanding me to stop. He was a big person, accompanied with another big sized African-American man. I did not stop the vehicle, and left the property immediately. A police car stopped me a mile down the road. I presented identification, explained that I went lost, and that I was scheduled to have a meeting down the road, which could be confirmed. I offered the policeman to search my car for any stolen objects. I also told the policeman that there was no dirt on my shoes as a proof for never setting foot on that property. Nevertheless I was served with this court hearing. I am a psychology graduation student, and my career is likely to depend on federal jobs. It is pivotal for me to avoid having such record.I would like to know the best way to approach this situation to avoid having any criminal records.
2 Answers from Attorneys
Re: Trespassing without awareness
Based on the facts you present (and perhaps pthers), you probably have grounds for a decent defense to the charges. Also, if you have no prior (or recent) criminal history, you can probably get the case dismissed or, at worst, obtain a disposition other than guilty. Especially if the facts are as you present them, and you can demonstrate you are a graduate student with a bright future.
However, obtaining the best disposition possible often begins with the counsel you retain. Please don't hesitate to contact me directly for a free consultation to discuss your options for dealing with this well.
Re: Trespassing without awareness
The best way to approach this situation is to contact a criminal defense attorney who can review all the facts and circumstances. It is particularly important to hire an attorney in your case, where it is critical that you avoid a criminal record of any kind.
If you cannot afford a private attorney, you should attempt to qualify as an indigent accused and receive the benefit of a court appointed attorney. If you do not qualify as indigent, the Massachusetts Bar Association referral list can refer you to an attorney who can take your case on a discounted fee in some cases.
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