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  1. #1
    Join Date
    Dec 2010
    Posts
    7

    Question Second Degree Trespass

    My question involves criminal law for the state of: North Carolina

    I went to my first appearance and applied for a court appointed attorney. I was denied with the reasoning that I do not face an active or suspended sentence. I understand that this means there's no possibility of jail time. I'm just unsure how a criminal offense would not have either? Given this information, I do not really want to spend $500 to hire a private attorney. Can someone please tell me how to obtain a copy of the evidence that is to be used against me? Would I contact the district attorney and request the documents? Also, what type of punishment would I be facing if found guilty? Fines and/or probation?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Second Degree Trespass

    Jail is not an option on a Class 3 Misdemeanor unless you have lots of priors.
    I think the max fine is $200 (plus costs).
    You will however end up with a criminal conviction.
    The question is if you have any defense. We have no way of telling.
    Public defenders, by the way, aren't for those who are unwilling to pay for private counsel, only those who are indigent and unable.

    To obtain discovery, you write a request to the person with the information (most likely the prosecutor) for what you want.
    If they don't respond in seven days, you can go to the court and make a motion to there.

  3. #3
    Join Date
    Dec 2010
    Posts
    7

    Default Re: Second Degree Trespass

    Thanks for your response, that cleared up a lot. It isn't that I'm unwilling to pay, it's that I am currently unemployed and would have to find to find a means of hiring a private attorney. I do have a defense, it's just a complicated situation.

    For the request for discovery, is there a form that I fill out or do I just write a letter to the prosecutor requesting copies of the evidence?

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