Legal Question in Criminal Law in Missouri
Trespassing with permission
I am divorced and have full legal and phy custody of my 2 children.I took my ex back to court and was awarded legal guardian of her son who is 14. We aggreed in court that the 14 year old would stay the the rest of the week until Friday, when her visitation was over with the other 2 children and I would get them.I had asked for a police standby because of the way my ex is.Thursday night she got arrested for a warrant she had from drugs.This was at our kids practice.The cop told me to take the children home.The 14 year old was still at his mothers appartment.Since I had the children the 14 year old did not want to stay there.I went over to her appartment and he brought out everything that belonged to him except his bed frame.He needed help getting it out.He asked me to come in and help him. I did. Now I am being charged with trespassing.How could I be charged with a class B misdemeanor of trespass in the first degree when I was invited in by the 14 year old who was a resident of the property at that time.Should I ask for a jury trial and fight this or should I let a lawyer get it reduced to an infraction or something.The Ex was in Jail until the following monday. Her boyfriend had drugs at the time of her arrest and was charged.
1 Answer from Attorneys
Re: Trespassing with permission
In order to give you a professional opinion concerning your best course of action, I would definitely need to interview you and the 14 year old son, and also review all of the discoverable evidence the prosecutor intends to use against you. Then, I could advise you whether to have a jury trial or negotiate a plea bargain. But, I can definitely tell you that you should hire an attorney immediately. If you would like a free telephone consultation, you may call me at 314-727-2822.
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