I am 16 years old and recently received a citation for first degree trespassing in North Carolina. I have a mandatory court date. What is the process in court? The citation i received states: Trespass- First degree without autorization to enter and remain on tthe premises of .. so enclosed and secured as to demonstrate clearly and intent to keep out intruders.
This is incorrect, I plan to bring a picture of the area showing no No Trespassing signs posted, as well as notes signed by people I was with stating that the gate all gates were opened for me to enter by someone who claimed he was employee with his managers permission. ( I also plan to bring a note signed by him.) Do I need to get a lawyer to respresent me or can I do this myself? If the charges are not dropped, I plan to ask for a prayer for judgment. What exactly does this entail? What should I bring to court?
2006-10-03 08:36:44 · 2 answers · asked by hannah 1 in Politics & Government ➔ Law & Ethics
You should always consult with an attorney when your legal rights are at issue. If there is any possibility of jail time, the court should appoint an attorney if you cannot afford one.
If someone do not have an attorney, then their defense would be to defeat one or more elements of the crime. Let's break it down: "without authorization" ... "enter and remain"... "enclosed and secured as to demonstrate clearly to keep out intruders".
So, in the hypothetical you mention, a defendant could challenge that the "demonstrate clearly" wasn't met because there were no signs. Or that "enclosed and secured" wasn't met because the gates were open. Or that the "without authorization" wasn't met where there was apparent permission to enter. If one or more elements of the offense are disproven, then the defendant should be acquitted.
Arguing any legal defense can be complex, and there are many procedural hurdles that can trip up an inexperienced person. That is exactly why an attorney is strongly recommended in any criminal matter.
2006-10-03 08:41:04 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
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2006-10-03 08:56:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋