Legal Question in Criminal Law in Minnesota
Hello,
I received a ticket for trespassing, misdemeanor level offense in Minnesota 609.605.1(b)(11). I wasn't arrested and am scheduled for an initial hearing/arraingment in 3 weeks. I have no criminal record, no traffic tickets in 5 years, 42 yrs old, and didn't notice the posted no trespass sign as I walked through a parking lot that had been closed for construction. No alcohol, violence or theft involved, and yet it carries penalties equal to dui and other serious offenses. What is the best strategy to bargain this down to a petty misdemeanor or get the charges dropped all together. The officer apologized and said he'd of just given a warning but his chief wouldn't allow...............Thanks
3 Answers from Attorneys
The best thing you can do is bring in an attorney to negotiate for you. As you have realized, the offense being charged is serious, and carries potentially serious consequences. The ability to negotiate an agreement to get the case reduced or dismissed often depends on the individuals knowledge of the system, the facts of the case, and the law. Which is why an attorney is essential.
Many criminal defense attorneys offer free consultations. I would encourage you to meet with an attorney to discuss your case. If you would like to meet with our law firm we would be happy to set up an initial consultation for you, at no cost. Please contact our office to set up an appointment: 612-217-0077
There are various ways to resolve this case with minimal penalties, and possibly not a permanent conviction on your record.
The best way is to get a lawyer to negotiate a "stay of adjudication" or a "27.05 agreement" (continuance for dismissal).
Whether or not these are possibilities depends largely on the prosecutor.
A trespass is a misdemeanor offense which is punishable by up to 90 days in jail and a $1000 fine. Even more significant, a conviction would mean that you have a permanent criminal record.
In most cases, a conviction can be avoided. In your particular case, there arguments to be made that you lacked the requisite intent for the offense.
We can help insure your record is not affected.
For a FREE consultation call 612.240.8005.
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