I was detained for criminal trespassing in October without being charged and just received a court summons for criminal trespass

Asked almost 3 years ago - Seattle, WA

I was drunk and trying to walk home. I have no recollection of the trespassing incident. I have a completely clean record and am fully trained to be an officer in the US Marine Corps and awaiting orders to active duty. I have been told that my clean record and future military service may help my case. What do my options / likely outcome look like?

Attorney answers (4)

  1. Mark C Blair

    Contributor Level 14

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    Answered . A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building. A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. The fact that you were "drunk and trying to walk home" and have no recollection of the incident would suggest that the element of knowing is not present. Should that be the case you would have a good argument for dismissal of the charge or a finding of not guilty at trial. However, I would need to see the police report to offer a complete assessment of your options. Feel free to contact me if you would like to discuss the matter further.

  2. Jennifer Ellen Horwitz

    Pro

    Contributor Level 8

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    Answered . I concur with the answer provided below and have some additional comments. There is a lot at stake for you in this case because of your status in the Marines. A criminal conviction could create a problem for you in your military career. Since you have not prior convictions, it is very important that an attorney try to get this case resolved for you in a manner that will leave you without any convicitions on your record. I'd be happy to consult with you about this case. Make sure whoever you retain has experience representing people on cases such as this and will take into account the consequences for your military career.

  3. Mark Anthony Chmelewski

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Feel free to call me concerning your rights and options.
    mac@mac1law.com

  4. Jason Scott Lantz

    Contributor Level 3

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    Lawyer agrees

    Answered . Thank you for your service to our country. A good defense attorney will do everything in his or her power to protect your record to minimize the impact on your career. Many prosecutors will consider your service in the negotiating process. Your clean record is also a big plus.

    Add these issues to the potential intoxication/mental state defense and it sounds like you have some good ammo in your case.

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Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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