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  1. #1
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    Nov 2014
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    Default Trespass to a Vehicle While Intoxicated

    My question involves criminal law for the state of: chicago,illinois

    hello, on october 6th 14 i was charged with criminal trespass to a vehicle and criminal damage to property not exeeding 500$ , i happened to be under the influence of alcohol,methadone and marijuana suprisingly laced with pcp , i was totally incoherent and i randomly flicked a door handle and it was open, i then pass out for 3 seconds and the owner fastly hurles towards me and says" wtf are you doing??! get out of the car and i will kill you!!! " he calls 911 and moments later im arrested and im bailed on 150$ 10% of 1,500$ , now the real problem is that hes claiming that i broke the door shaft where the key goes in to open the car.. i was not caught with nothing other than a pocket knife , i swear on my entire family's life that i did not break this mans key shaft i swear.. now my prior arrests were (possesion of burglary tools/obstruction of identification) on august 14th, (trespassing on residence) on september 26th and the third was this case on october 6th, i went to the (possesion of burglary tools/obstruction of identification) court on october 26 and they told me to plead guilty and i will do 30hrs of comunity service and 1year of supervision (by the way i was given the 1year supervision after i got arrested these 3 times so i did not break my contract) ... so i had court for the trespassing to vehicle / criminal damage case on november 6th with a lawyer that i payed 500$ to only to go and get my court date rescheduled for december 19th and be angrily shouted by the lawyer because i supposedly didnt tell him about my prior arrests and that he made a fool of himself when he told the prosecutor that i had a clean record (idk but whatever ...& sorry if this post is ling but i really need help in the most detailed way as possible) so basicallyim going to have to pay him another 500$ just so he can plead for me toget comunity service and pay for this goddamn guy for something i never damaged in the first place.. & if i would of damaged it in any way they would of recovered either a screw driver of a picking tool but they didnt, please help me!! im only 18 with a future ahead of me! i know i did wrong but i honestly did not break anything.. since that last time i got arrested i have changed completely into a new sane person... please help me!

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: I Am Being Wrongly Accused

    You need an attorney - not a message board.

    And probably therapy.

  3. #3
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    Sep 2005
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    Default Re: Trespass to a Vehicle While Intoxicated

    Quote Quoting leobaez
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    i happened to be under the influence of alcohol,methadone and marijuana suprisingly laced with pcp , i was totally incoherent and i randomly flicked a door handle and it was open, i then pass out for 3 seconds....
    I suspect that you mean that you were incapacitated, not that you were incoherent. Given how clearly you claim to remember the events, it is difficult to believe that your acts were not made with full volition. If you did mean "incoherent", your ability to explain yourself in the moment is not relevant to your criminal responsibility.
    Quote Quoting leobaez
    now the real problem is that hes claiming that i broke the door shaft where the key goes in to open the car.. i was not caught with nothing other than a pocket knife , i swear on my entire family's life that i did not break this mans key shaft i swear.
    If he says that the door was undamaged, and you have no evidence to the contrary, you have a problem. Even if you are telling the truth, even before we consider that you appear to have been a 'professional burglar' for a good part of your life, your credibility is in the toilet.
    Quote Quoting leobaez
    ...& if i would of damaged it in any way they would of recovered either a screw driver of a picking tool but they didnt
    Your expertise in breaking into cars, the tools you would prefer to use, and the evidence that they would create, are duly noted -- but as you're on the wrong side of the law, your expertise is not actually something that works to your advantage.
    Quote Quoting leobaez
    ....since that last time i got arrested i have changed completely into a new sane person... please help me!
    While I appreciate that you are trying to change, part of your personal transformation needs to be achieving and maintaining sobriety. Even if we accept your entire story as true, you would not be in this mess had you not been wasted.

    In terms of trying to convince anybody that you are innocent of this offense, I'm sorry, you can expect that it will take more than just your word. You can discuss with your lawyer how you might find evidence that this was pre-existing damage to the car. A typical car owner, for example, upon finding evidence of door handle damage evidencing an attempt to break in, will make a police report, as well as getting a repair estimate or starting an insurance claim. People who know that person may be aware of a prior incident or the condition of the car.

    Given the facts, I don't suggest acting as your own investigator.

  4. #4
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    Sep 2011
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    OH10
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    17,019

    Default Re: Trespass to a Vehicle While Intoxicated

    When the court considers credibility, on one hand it has a drug free, sober owner. On the other it has a drunk, drug addict on mind altering drugs with a history of doing what he is accused of. What do you think your chances of anyone believing your interpreted version are in court?

  5. #5
    Join Date
    Nov 2014
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    2

    Default Re: Trespass to a Vehicle While Intoxicated

    so damn that means i am doomed and my word means crap to the prosecutor and they will side with the owner with little to no evidence? well if anyone can hypothesize my consecuences can anyone be willing to do so? what will happen if i go with a court appointed lawyer?

  6. #6
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    Default Re: Trespass to a Vehicle While Intoxicated

    You'll be appointed an attorney if you qualify financially and if the penalty is severe enough. Otherwise, it'll be your dime.

    But seriously, why would you expect the court to believe the testimony of a person who has exhibited extremely poor choices and won't be able to actually confirm or deny the accusations?

  7. #7
    Join Date
    Jan 2010
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    New Jersey
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    3,666

    Default Re: Trespass to a Vehicle While Intoxicated

    Quote Quoting leobaez
    View Post
    i happened to be under the influence of alcohol,methadone and marijuana suprisingly laced with pcp , i was totally incoherent

    Quote Quoting leobaez
    View Post
    please help me!! im only 18 with a future ahead of me!
    I guess not much of a future and if you keep doing what you're doing, you just might make it to see 38?

  8. #8
    Join Date
    Nov 2007
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    1,419

    Default Re: Trespass to a Vehicle While Intoxicated

    The lawyer should of been polite and it's his job to ask you questions. Why would you not mention your prior charges,especially since they were theft related? Avoiding a felony and jail time should be your bigger concerns,if you could pay for the door,get probation and if your luckier to avoid a felony,then I would just cut my loses. Given your priors,jail is possible.

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