Legal Question in Criminal Law in Virginia
was charged with trespassing but i have a letter can said im not can my lawyer get the cast dismiss without going to court
1 Answer from Attorneys
It is almost impossible to get a case dismissed before the court date, because prosecutors are so busy they usually do not even LOOK at the file until the day before or sometimes the day of.
So even if you sent information to the prosecutor, etc., no one would read it until the court date or the day before.
I know it is inconvenient to go to court. But it is a lot more inconvenient to be convicted of a crime and have that on your record.
It IS still possible for you to be convicted of trespassing in spite of the letter. For example, if they say you were disruptive or violent or you were asked to leave -- BY SOMEONE AUTHORIZED, HOWEVER, not just "anyone" -- this could overturn your previous permission to be there.
So I would wait until the court date and pull out the letter. I would not let them have the chance to come up with a way around the letter. Don't give them advance warning.
You should probably go to the Clerk's office and request a SUBPOENA to make sure that the person who signed the letter will be there, to confirm that they wrote the letter.
Of course, you should also get the help of an attorney.
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