Criminal Law/Trespassing

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Expert: - 7/2/2009


Question
My son who is 19 and his girlfriend who is 16 were caught by police officers trespassing in a day care location inside the school bus kissing each other.  They called her parents to pick her up and she wasn't charged with anything but my son was arrested and he has to go to court next week. I know there is no way you can figure out what the judge is going to do but how serious can this be for him? should he hire a lawyer?  Could they charge him with anything else because the girl is a minor?  Thanks for your help

Answer
Lily,

I have no idea how serious the charge is because I don't know how serious it is considered in your state.  In MY state trespassing carries a maximum penalty of six months in jail.  Anytime that a defendant faces a charge that could give him a criminal record for the rest of his life and/or jail time he should be represented by an attorney.

In MY state the "age of consent" is 16 which means that anyone who is 16 is considered to be mature enough to make his/her own decisions when it comes to sexual relationships.  I think that most states are the same but I have no way of knowing whether that applies to YOUR state.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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