Legal Question in Criminal Law in Missouri

how do I defend myself

Recently after the death of my sister and brother age 46

and 38 respectively, in an accident. I was advised by an attorney for my father, who is seeking visitation rights, (grandparent's visitation rights)to deliver a letter, stating my father's intent to visit with his grandson to my ex- brother-in-law (sam). Sam lives with his girlfriend at her residence. After the death of my sister, several members of my family were invited to her residence to help break the news to my nephew. They were greeted warmly by the girlfriend and treated as guests in her home. Ten days later, I returned to her residence with my elder sister to deliver the letter and some photos to Sam. The door was answered by the girlfriend, who told me to wait while she went and got Sam. When Sam read the letter he became enraged and proceeded to curse and yell at us. We did not respond in kind, we just left. Between the time of the two visits the girlfriend accepted a gift of clothes for my nephew. My sister and I have since been charged with 2nd degree trespassing (entering unlawfully) at the girfriends residence. We have plead not-gulity and requested a jury trial for this infraction. How do I defend this pro se??


Asked on 4/19/04, 6:12 am

1 Answer from Attorneys
J. Matthew Guilfoil The Guilfoil Law Group, L.L.C.

Re: how do I defend myself

I would advise against ever appearing pro se in Missouri on a criminal charge. 569.150 provides a person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

Unless you can show you had a license to be on the premises or were privileged to be there, you will likely lose. Hire an attorney.

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Answered on 4/19/04, 1:21 pm


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