I got arrested for criminal trespassing
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I got arrested for criminal trespassing
my sister roommate called cops on cuz I would not leave….but i had permission from my sister to be there. there both on the lease… will this hold up in court?
Asked on May 3, 2009 under Criminal Law, Arizona
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Was your sister there at the time? Bet you 10 to 1 she wasn't there. If she wasn't there and your sister didn't provide a statement to police that allowed you to be there without her, her roommate can kick you out. Are you a minor and the roommate isn't? If so, maybe the roommate didn't want the responsibility to look after you. By the way, "cops" is slang and "cuz" is not a word. If you want to help yourself, hire a lawyer or talk to your public defender. Try www.attorneypages.com for a private lawyer. If you want to help yourself, act mature and speak maturely; trust me, it will go a long way with the prosecutor and judge.
What degree criminal trespass were you charged with? Read below:
13-1504. Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.
4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.
5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.
6. Entering or remaining unlawfully in or on a critical public service facility.
B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.
13-1503. Criminal trespass in the second degree; classification
A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.
B. Criminal trespass in the second degree is a class 2 misdemeanor.
13-1502. Criminal trespass in the third degree; classification
A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
B. Criminal trespass in the third degree is a class 3 misdemeanor.
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