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ML1470

Criminal trespassing and Criminal mischief

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My friends and I were hanging out at a field, that had 0 no trespassing signs, and had a large visible opening with what appeared to be a dirt road. The cops came, gave all 9 of us a ticket for, simple trespassing. A day passes and the land owner decides they want to have all of us tried for criminal trespassing in the 3rd degree and criminal mischief in the 3rd degree because there was damage on the property. If there is no evidence of us causing the damage, and we have evidence of others causing the damage, and if we all are first time offenders, and if there are no witnesses, is it possible to have this case dismissed? And is it legal to raise the crime after a fine/ticket was already given? Thank you. This is in the state of Connecticut.

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 is it possible to have this case dismissed?

Anything is possible, but cases are rarely dismissed just because the defendant says I am not guilty. Get an attorney to have the best chance of dismissal or not guilty verdict if it goes to trail.

 

And is it legal to raise the crime after a fine/ticket was already given? 

Yes, it is legal up to the trial.

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37 minutes ago, doucar said:

 is it possible to have this case dismissed?

Anything is possible, but cases are rarely dismissed just because the defendant says I am not guilty. Get an attorney to have the best chance of dismissal or not guilty verdict if it goes to trail.

 

And is it legal to raise the crime after a fine/ticket was already given? 

Yes, it is legal up to the trial.

Okay, if it is legal, how exactly should it be done? And what is the most likely punishment for this crime being this is a first offense with little evidence against us other than we were there?

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There is no evidence except you are present on somebody else's property without permission and there is damage to the property.  Exactly what additional evidence do you think is necessary?  I would imagine the possible outcomes depend on the nature of the property you invaded and the extent and nature of the damage, neither of which were revealed.  The possibilities vary from dismissal to jail.  You need to talk to a lawyer and not discuss the facts online.

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Hi @ML1470

 

Welcome to the community and thanks for posting! As other posters have mentioned, because there are currently criminal charges pending, you'll want to be careful about what information you post online (which may be used against you). You should strongly consider speaking with your public defender, or with a private criminal defense attorney. You can click here for a free consultation with a criminal attorney, or use the FindLaw Lawyer Directory to find qualified attorneys in your area.

 

Best of luck!

The FindLaw.com Team

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On 11/20/2016 at 5:39 PM, ML1470 said:

 

My friends and I were hanging out at a field, that had 0 no trespassing signs, and had a large visible opening with what appeared to be a dirt road.

 

 

"Hanging out" and doing what?  Why do you think the lack of "no trespassing" signs is relevant?  You don't contend that you own the property or otherwise had permission to be there.  Do you?  My car doesn't have any signage on it that says "no stealing," so do you think it would be ok for someone to steal it?  My house doesn't have a "no trespassing" sign, so do you think it would be ok for you and your friends to "hang out" in my living room without my permission?

 

 

On 11/20/2016 at 5:39 PM, ML1470 said:

If there is no evidence of us causing the damage, and we have evidence of others causing the damage, and if we all are first time offenders, and if there are no witnesses, is it possible to have this case dismissed?

 

There most certainly is evidence that you caused the damage, although it's circumstantial.  As far as your question, you haven't given any indication that charges actually have been or will be filed for anything other than simple trespassing.  Just because that's what the property owner wants doesn't mean that's what will happen.  If charges are filed, we have way of predicting whether the things you mentioned would convince some unknown prosecutor to dismiss charges.

 

 

On 11/20/2016 at 5:39 PM, ML1470 said:

And is it legal to raise the crime after a fine/ticket was already given?

 

Of course.

 

 

On 11/20/2016 at 6:36 PM, ML1470 said:

what is the most likely punishment for this crime

Which crime?  Simple trespassing?  Trespassing in the third degree?   Criminal mischief third degree?  You can google those terms along with "connecticut" to identify the applicable statutes, and that should give you the range of possible sentences.  Only a local attorney will be able to tell you what the most likely sentence would be, but I agree that a lot will depend on the specific facts that you didn't share with us.

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