Criminal Trespass Arrests In Connecticut (Part 2 of 3)
Criminal Trespass Arrests In Connecticut
(Part 2 of 3)
The best Stamford Connecticut criminal lawyers frequently fight Criminal Trespass arrests in Westport, Norwalk, and Wilton Connecticut. The key issues that these top Connecticut criminal lawyers focus on are the knowledge and intent of the accused. In fact, Connecticut Penal Code § 53a-110 spells out several permissible affirmative defenses to Criminal Trespass arrests. For example, did you reasonably believe that you had permission to be on the property or premises? Was the property abandoned? Were “No Trespassing” signs properly and reasonably displayed? Did you mistakenly trespass on the property? Were you properly and clearly notified that you were no longer allowed on the premises or in the department store? Did you have the required intent to damage property when you entered the premises? All of these questions must be examined closely by your top Stamford Connecticut criminal lawyer. In addition to going over these questions, your top Connecticut criminal lawyer will carefully scrutinize the police reports, witness statements and surveillance video footage to determine whether the prosecutors and police can actually prove their case against you. The goal in fighting your Criminal Trespass arrest is to get your charge dismissed or perhaps have your Connecticut Criminal Trespass arrest reduced to a CGS 53a-110a Simple Trespass infraction charge. In every event, make sure you consult a top Danbury or Ridgefield criminal lawyer who will carefully review your entire case file with you, push back against heavy-handed prosecutors, and then sit with you to go over the most cost-effective defense strategy for your case.Getting Your Criminal Trespass Misdemeanor Reduced to a Simple Trespass Infraction
One of the best-kept secrets in the criminal courthouse is that a top New Canaan or Darien Connecticut criminal lawyer may be able to get your misdemeanor criminal trespass arrest either dismissed, or reduced to a simple trespass infraction ticket—which is not a crime. Simple Trespass, as codified in C.G.S. 53a-110a, is very similar to criminal trespass and in many ways, the elements of these charges actually overlap. As the best Ridgefield Connecticut criminal lawyers would confirm, Simple Trespass, like any degree of Criminal Trespass, requires that you have knowledge that you are not allowed to be on the property. Simple Trespass, however, is narrower in scope and only applies to scenarios where you enter the premises without any intent to harm any property. It does not apply to situations where you remain on the premises. Furthermore, Simple Trespass requires that the individual entering the premises must lack intent to harm property. It is an infraction, so you cannot be arrested, booked, fingerprinted or photographed in connection with a summons for 53a-110a Simple Trespass in Stamford or Greenwich Connecticut. And if you are found guilty or plead guilty by mail, the worst that could happen is you will have to pay a fine.
So who decides whether you are charged with 53a-110a Simple Trespass or arrested in Stamford, Greenwich or Darien Connecticut for misdemeanor Criminal Trespass? The answer: the police and the prosecutors. The best Stamford Connecticut criminal lawyers and attorneys know that police and prosecutors have wide discretion to select the charges that will inevitably hang over your head during the Connecticut criminal court process. And if you are arrested for misdemeanor Criminal Trespass in Stamford, Wilton, or Danbury Connecticut, your top Stamford and Danbury criminal lawyer can sometimes convince the prosecutor to reduce the misdemeanor to the infraction so that you do not have to plead guilty and have a criminal records. The infraction is charge is so broadly written and construed by criminal courts that it can encompass thousands of scenarios, and hopefully apply to your case. In these situations where a reduction of charges is possible, it is helpful to have your New Canaan or Ridgefield criminal trespass attorney by your side to persuade the prosecutor that you lacked the intent to harm any property and therefore, your charges should be dismissed altogether, or at the very least, reduced to a CGS 53a-110a Simple Trespass infraction.Using the Pre-Trial Accelerated Rehabilitation Program (“AR”) to Fight A Criminal Trespass Arrest
Another option your top Stamford Connecticut criminal trespass lawyer attorney may discuss with you is applying for the Pre-Trial Accelerated Rehabilitation Program (“AR”) to fight your Connecticut Criminal Trespass arrest. This is usually a good strategy when you are facing a tough Connecticut prosecutor who will not reduce or drop your Connecticut Criminal Trespass charges. Put more simply, the Accelerated Rehabilitation Program takes the case out of the prosecutor’s hands and asks the judge to suspend the prosecution of the case for a period of time, and then dismiss the Criminal Trespass case in its entirety, no matter what the prosecutor says (so long as you don’t get arrested or violate the terms and conditions of your AR Program). An Accelerated Rehabilitation Program takes a bit of work on your attorney’s part. Your top Darien and New Canaan criminal lawyer must convince the judge that you are not likely to offend again. If the judge grants your AR application, then you will be subject to supervision of the court for a time period of up to two years, while you comply with the judge’s other pre-set conditions, which can include community service, charitable donations, or alcohol and drug counseling. Once you have successfully completed your AR, then the court will dismiss your Criminal Trespass arrest and clear your record completely. It is a program with a guaranteed result of dismissal—all the more reason you should consult any of the best Connecticut criminal lawyers to learn if your Stamford or Norwalk Criminal Trespass arrests qualify for the Accelerated Rehabilitation Program in Connecticut.
Continue Reading…Criminal Trespass Arrests, Part 3 of 3
(Juvenile and Teenager Trespass Arrests, Similarities to Burglary Charges and more)