What is the penalty for first offense tresspass?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the penalty for first offense tresspass?

Our 19 year old son hopped a fence and was in the backyard of a vacant house in our neighborhood with some other kids and was ticketed for trespass. The other kids, all under 18, were ticketed for violating curfew. No drugs or alcohol were involved but this occurred about 2 a.m. He has no other offenses. Is there potential for jail time or a criminal record and does he need legal representation for the court date?

Asked on January 18, 2012 under Criminal Law, California

Answers:

Russ Pietryga / Pietryga Law Office

Answered 10 years ago | Contributor

In Utah, a tresspass is a Class B misdemeanor.  The fine for a Class B misdemeanor is up to $1,000.00.  The term of imprisonment is not to exeed 6 months. 

Unless, the prosecuting attorney offers a plea which can be either diverted or held in abeyance he will have a criminal record.  Note, he already has an arrest record.  That means, if someone was to check his criminal history, it will show that he was arrested for tresspass on that date.

The best case scenerio would be a diversion and have his record expunged.  Each state will have a different time frame to have his record expunged.

As always, it would not hurt to have an attorney.  If he cannot afford one, the court will appoint one to represent him.  This is a very minor charge and because he has no priors he will probably be offered a good plea bargain.

Hope this helps.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption