Wednesday, February 20, 2008

Do I need to get a lawyer for second degree trespassing? -

A few days ago I got a 2nd degree trespassing ticket for skateboarding at my local park in Wilmington, NC two days before it officially opened. The concrete workers that built the skatepark told me that it was supposed to open on Friday, the day that I got the ticket. There are no trespassing signs on the fence around it. I am 19 years old but was not arrested. The ticket the officer gave me says quot;without authorization entered on premises of another after being notified no to enter there by a notice posted not to enter the premises. NCGS 14-159.13quot; Should I represent myself, hire a lawyer, or get a court apointed lawyer? Thanks in advance for advice.

Get pictures now! (well, in daylight). If you mean there are not any signs saying quot;No Trespassingquot;, you need that proof. If there were signs, and you mean that you thought the construction workers gave you permission anyway, well... you have a problem. You might try to remember who you spoke to (or at least the name of the concrete company) to get some evidence. At 19, this probably doesn t mean a lot to you now - just a ticket, after all, fine and court costs worst case. However, this may also tail you for the rest of your life in answering questions like quot;have you ever been (arrested for, cited for, charged, indicted) convicted or pleaded no contest to...quot; from employers, schools, military, concealed weapon permit and other license applications, etc. This is what is called a collateral consequence. I recommend you hire a lawyer to represent you, or at least talk to a lawyer (in NC, of course) before you have to appear in court or pay a fine. The publice defender s office might help, but they are usually too busy dealing with felonies and quot;more seriousquot; issues to give you the time you need.

Does North Carolina have the death penality? If so you do. Just kidding! We are talking a pretty minor infraction. I am guess the max fine is a lot less than the cost of an attorney. Be very polite to the judge. Where some nice clothes. If you don t own a suit, you don t need to go out and buy one. But wear clean, non-holely clothes. Pants that doesn t show your underwear. Take the piercings out of your face, and return your hair color to a natural one. Don t wear a hat. (e.g. don t show up looking like a skateboarder) Be very polite to the judge. Applogize for what happened. Don t argue. Don t blame the construction workers or bad mouth the cop. Did I mention be very polite to the judge.

Don t mess around. Talk to a criminal defense attorney in NC. It will be worth a couple of hundred dollars to keep your record clean. http://www.targetlaw.com/pages/results.p...

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