Legal Question in Criminal Law in Pennsylvania

criminal trespass

I recieved a citation for criminal trespass. I had no weapons and was only at the residence to inform the wife of the house of a the HPV virus I have that could also effect her. Her husband and I had a sexual affair for three years. I have cancerous cells on my cervix and was told to tell anyone who might be affected. I knew he would not tell her so I went to their house and approached the front door with open unarmed hands stating clearly and calmly why I was there. They both emerged from the house before I reached the door and her husband held a 12 gauge shotgun six inches from my head as they both screamed profanities. She grabbed the envelope I begged her to read and he took it from her saying ''Burn it'' as she grabbed the gun from him she attempted to pull the trigger but the saftey was on. She repeated to strike me and I did nothing to deffend myself. He broke out my truck window with the butt of the gun. I waited by my driverside door quietly for the cop to get there so he could see I had no weapons. I thought I would be in more trouble if I ran. I recieved a fine for 150.00 + 118+10= $278.00. I am Pleading Not guilty because I did no harm and threatened no one. If they don't show will the charges be dropped?


Asked on 5/04/07, 10:44 pm

2 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: criminal trespass

Even if they do show up, you may be found not guilty. You should understand that your story that you wrote to this questions does not sound so reasonable to me. I am not sure that if a reasonable person would do what you did. Also, while I have no reason not to believe your story, i am not sure if a stranger (ie a judge or jury) would believe it. Also, if you had been previously wanred not to come onto their property, you may be guilty of some form of tresspass. Be careful.

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Answered on 5/05/07, 8:51 am
John Gibson John W. Gibson, Esquire

Re: criminal trespass

A lot depends on the Magisterial District Judge. It sounds to me as if the police are taking the position that you started it by going to their residence. Whether or not it will be dropped if they don't show is another question. Even if they don't show the police will likely show and will likely testify.

In the future, I suggest that it may be better to ask the County Health Department to provide any necessary notifications.

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Answered on 5/05/07, 12:04 pm


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