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Criminal trespassing in the 2nd Degree, Louisville Ky

Asked over 3 years ago - Louisville, KY

I was issued a citation for criminal trespassing in the 2nd degree for being in a city park after hours.I saw no signs posted about trespassing, it is not a fenced in park and the location where I entered didn't have the park hours posted.I looked up the penal code and this is what it said,

KRS 511.070 Criminal trespass in the second degree
(1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a
building or upon premises as to which notice against trespass is given by fencing or other enclosure.
(2) Criminal trespass in the second degree is a Class B misdemeanor

I have never had any previous legal problems.Is this serious ? Do I need an attorney ?

Additional information
Went to a vacant house in boone county Ky and took one step into the house and went back outside
because one of the individual was there to steal the copper from the house. No signs were posted
and the house door was open and the house was previously vandalized. I had nothing to do
with this other then being at the wrong place. The cops arrested the individual for
trespassing and burglary and now want to question me. I was advised that if I went into the house
I would be charged with trespassing. How truthful should I be with the cop and should I have a
lawyer present during the questioning and what happens if I am not read my rights. The other 2
indiviuals told the cop I had nothing to do with it, but I am not sure if they told the cop that I went into
the house. I am18 and got in trouble once when I was 17 for smoking pot.

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Attorney answers (1)

E. Brian Davis

Reputation Level 14

Answered over 2 years ago. Criminal Defense Attorney in Louisville, KY.

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A Class B misdemeanor is a low level offense -- a little more than a speeding ticket, but not much. A lawyer may be able to persuade the prosecution to dismiss the charge entirely, depending on the facts and your willingness to waive any claim you might have against the officer who cited you.

Anytime you go to court, and there is at least a theoretical possibility that you could be sent to jail, I believe it is a good idea to have counsel with you.

E. Brian Davis

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