Legal Question in Criminal Law in Texas

Stupid trespassing mistake....

Last night my friend and I went swimming in her neighborhood pool after hours. The gate was locked so we hopped the fence. We did not think it was that big a deal as she is a resident in the area. Unfortunately a police officer informed us otherwise. She said it was ''criminal trespassing'' a class B misdemeanor. We were not cited or arrested that night but I am now very worried that the HoA will press charges. I am attempting to get into medical school and any blemish on my otherwise clean record would absolutely ruin my chances! I am sickened that one night of poor judgment swimming in a pool after hours can ruin my future and get me fired from my university job! Any information would be most appreciated. Thank you in advance!


Asked on 6/23/09, 10:28 pm

2 Answers from Attorneys

Robert Tuthill Law Office of Robert H. Tuthill

Re: Stupid trespassing mistake....

If the officer did not arrest you, i doubt you have much to worry about.

Even if they do end up charging you, I still wouldn't sweat too much. If you have a university job and are planning to get into medical school, I would bet a prosecutor would be willing to work with you. Maybe do some community service, get on a pre-trial diversion program, something that wouldn't end up as a conviction. You might also have some defenses since you were present at the pool with someone who actually lives in the neighborhood. You could argue that she has a right to be there and that you are her guest and also have a right to be there.

Basically, dont worry about it until you are charged (and i have my doubts it will happen). If you end up getting charged, then consult with an attorney who will actually fight for you, not just take your money and try to plea you out without doing any work.

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Answered on 6/23/09, 10:52 pm
adrienne dunn Law Office of Adrienne Dunn

Re: Stupid trespassing mistake....

For a misdemeanor offense, the state has 2 years in which to file charges. I have no idea if the state will file charges against you in this case, however, knowing that you were not instantly arrested, I think it is rather unlikely that it will do so.

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Answered on 6/24/09, 3:16 pm


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