Can I get a criminal tresspassing charge thrown outthrown out?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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