Can I get a criminal tresspassing charge thrown outthrown out?

UPDATED: Dec 21, 2011

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Can I get a criminal tresspassing charge thrown outthrown out?

I was charged with criminal tresspassing 3rd degree for going onto our local mall property. I was banned from the mall 6 months ago and was told not to deliver food there anymore because I was in trouble with them for delivering and parking in the “drop off zone”, which apparently wasn’t OK for bringing food for their employees. I’m going to my arraignment on Tuesday and need to know what to do. I was in the mall as a patron and my car was not driven there and I was cited for criminal trespassing 3rd degree.

Asked on December 21, 2011 under Criminal Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not the criminal trespassing charge against you will be dismissed or not is up to the district attorney who is prosecuting the action against you or not and whatever possible plea deal might be offered you. If you do not have a criminal defense attorney representing you for the upcoming arraignment, you should consult with one beforehand.

At the arraignment you will be read the charge or charges filed against you and will be instructed to make a plea of guilty, not guilty or no contest. If you plead not guilty, the court will most likely set the case for a settlement conference and then a trial.

The best thing for you to do is to consult with a criminal defense attorney. If found guilty, you could be fined, jailed and have a permanent criminal record which could impact your ability to get higher education and a good paying job.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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