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Criminal Trespassing After Breaking Down in Car

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  • 11-27-2011, 05:50 PM
    shawn113
    Criminal Trespassing After Breaking Down in Car
    My question involves criminal law for the state of: Lousiana
    I am being charged with criminal trespassing in Lousiana because 1 night I was on way to uncles house and car was overheating due to thermostat so i decided to park car behind an old gas station that is no longer in business and abandoned. As i drive back there it is too wet and get stuck so I try get a hold of my friend to come pull me out and he is out of town. So i decide to just stay night in my car and call tow truck in morning about 10 next morning I wake up and call tow truck then, after called he said "was on his way." An old man walks up and asks "why my car was back there and everything." I explain to him "that my car was overheating last night and didnt want no 1 to mess with it and got stuck." First thing he said was I'm calling the sheriffs department so I was thinking wtf. As the tow guy was pulling me out the sherriff showed up and wrote me a ticket for criminal trespassing. Is this right? There was no signs posted or anything or was not given a warning to leave
  • 11-27-2011, 06:06 PM
    flyingron
    Re: Criminal Trespassing
    Unfortunately unlike other states, Lousiana doesn't require posting or notice for criminal trespass. Get a lawyer.
  • 11-27-2011, 06:08 PM
    shawn113
    Re: Criminal Trespassing
    what am I looking at as far as consequences if never been in trouble with the law before?
  • 11-27-2011, 07:26 PM
    tc498
    Re: Criminal Trespassing
    See if they have some type of program to avoid getting a conviction if u stay out of trouble for a certain amount of time or maybe it can be reduced to a non criminal charge,for in ex in some states criminal trespassing is a misdemeanor and trespassing is a non criminal charge. I think your probably looking at a fine,idk how much thou. The bigger issue see what can be done so you don't have a criminal record. I would speak to lawyer,it could be a long shot but they might be able to convince the da or judge to throw out the charge or arrange some other type of plea bargain .
  • 11-27-2011, 07:39 PM
    shawn113
    Re: Criminal Trespassing
    Am I likely to go to jail? and is this just ticket i can pay if call da to get price
  • 11-27-2011, 11:39 PM
    tc498
    Re: Criminal Trespassing
    It's probably just a fine,it most likely a misdemeanor which means on any job application your gonna have to check yes for being convicted of a crime. See if you qualify for Pd and plead not guilty and see what type of deal is offered. To resolve this matter your gonna have to show up in court.
  • 11-28-2011, 05:03 AM
    flyingron
    Re: Criminal Trespassing
    Frankly, I'd not be so quick just to pay the fine. You might get some compassion on this if you are being truthful on this. Frankly, there are parts of your story that are not credible on the face so I won't venture further guesses. GET A LAWYER.
  • 11-28-2011, 05:07 AM
    shawn113
    Re: Criminal Trespassing
    What's a pd? And I'm thinking about just pleading guilty cause in the end I was on the land
  • 11-28-2011, 10:03 AM
    indybail
    Re: Criminal Trespassing
    A PD is a Public defender, a court appointed lawyer for indigent people.
  • 12-01-2011, 11:47 AM
    shawn113
    Criminal Tres
    My question involves criminal law for the state of: Louisiana
    Does the da usually dismiss silly small cases like in my case trespassing all I did was park car behind old gas station no longer in buisness and it was muddy. I parked it back there till next morning when friend could bring me a water pump cause car was over heating all i did was make ruts where tried get out the mud
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