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  1. #1
    Join Date
    Jul 2007
    Posts
    3

    Default Attempted Criminal Trespass

    My 16-year-old son was invited to a friend's house to stay the night. The friend is 19. Same old story: parents are out of town, a party develops, quickly gets out of hand, and the police are called. Some kids go outside, are given breathalyzer tests that read .08, and are allowed to leave. Some, including my son, don't go outside because they were invited and/or are afraid. Eventually, the police get permission from the dad to enter the house, and everyone is given tickets for attempted criminal trespass, except the kids that hide until morning. Is there any way to defend this? Do you have to be a certain age in Texas to invite someone to your house? Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Attempted Criminal Trespass

    I suspect that a lot of the charges will end up being dismissed if they are contested.

  3. #3
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Attempted Criminal Trespass

    You mean contested by pleading not guilty when you get to court?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Attempted Criminal Trespass

    If you plead guilty or "no contest", you are not contesting the charge.

  5. #5
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Attempted Criminal Trespass

    Thanks! If you plead not guilty, do you need to bring proof that you were invited by the son, or just say so?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Attempted Criminal Trespass

    It depends on the nature of the hearing. Typically, the first time you are offered the opportunity to enter a plea it is at an arraignment, which is simply the formal reading of a charge, and nobody has to offer proofs.

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