I got into an argument with my mother and got really mad. I ended up punching a hole in the wall. My mother called the police on me.I got arrested and stayed in jail for a whole night. I am 17. Is it possible to get this charge when I stay the home where it took place?
Family Law Attorney
If a restraining order was issued against you, then possibly. But, since you are a minor, your parent(s) have the legal obligation to provide you housing, unless they have been legally relieved of that obligation by a court order.
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Criminal Defense Attorney
Yes, the "trespass" with which you are charged doesn't mean being somewhere you aren't supposed to be, it means damaging someone else's property. In this case, you damaged the wall of the home belonging to your parents. You need to speak with a lawyer about any defenses, and you need to repair your relationship with your mother if there is not a court order of no contact. If you would like to discuss your case in depth, feel free to give me a call for a free consultation. My number is 678-636-9224.
3 lawyers agree
The others are absolutely correct, and the charge is proper. However, this is the type of case which could easily be resolved through pretrial diversion so that it does not go on your record.
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2 lawyers agree
Criminal Defense Attorney
Just because you live there does not make the wall your property. I assume that this is your mother's house that you live in. Therefore, it is her property. If she rents the property, the wall you damaged is both her property and the landlord's property. Therefore, you can be prosecuted and found guilty for damaging your mother's wall in the house in which you reside.
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
DUI / DWI Attorney
The short answer is: YES. Most people think that "Criminal Trespass" means you are trespassing on someones property - or being where your not supposed to be. This isn't correct in your situation. The Criminal Trespass is based on your punching a hole in the wall. The damage to the wall is the Criminal trespass. In my experience you may be able to get these charges resolved if you retain an experienced Criminal Defense Attorney. I would also advise that you work to improve your relationship with your Mother - completing an Anger Management Class might be a very good choice. Finally, if you are able to get the charges Dismissed, you should look into having the charges Expunged from your Criminal Record. Any Criminal Conviction will remain on your record for the rest of your life! The Georgia Expungement law will change July 1st, so time is of the essence in this regard. I hope this information has been helpful to you. Good Luck!!! George McCranie www.mccranielawfirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.