What is the penalty for first offense tresspass?
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What is the penalty for first offense tresspass?
Our 19 year old son hopped a fence and was in the backyard of a vacant house in our neighborhood with some other kids and was ticketed for trespass. The other kids, all under 18, were ticketed for violating curfew. No drugs or alcohol were involved but this occurred about 2 a.m. He has no other offenses. Is there potential for jail time or a criminal record and does he need legal representation for the court date?
Asked on January 18, 2012 under Criminal Law, California
Answers:
Russ Pietryga / Pietryga Law Office
Answered 12 years ago | Contributor
In Utah, a tresspass is a Class B misdemeanor. The fine for a Class B misdemeanor is up to $1,000.00. The term of imprisonment is not to exeed 6 months.
Unless, the prosecuting attorney offers a plea which can be either diverted or held in abeyance he will have a criminal record. Note, he already has an arrest record. That means, if someone was to check his criminal history, it will show that he was arrested for tresspass on that date.
The best case scenerio would be a diversion and have his record expunged. Each state will have a different time frame to have his record expunged.
As always, it would not hurt to have an attorney. If he cannot afford one, the court will appoint one to represent him. This is a very minor charge and because he has no priors he will probably be offered a good plea bargain.
Hope this helps.
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