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Defense for criminal trespass, plead guilty or not guilty? need opinions.?

Criminal Law Discussion Forum

Defense for criminal trespass, plead guilty or not guilty? need opinions.?

Postby reuben29 » Thu Feb 23, 2012 1:57 am

So I broke this North Dakota Century Code 12.1-22 for criminal trespass...

What I find interesting is that I was told to leave at 2:30AM on nov 26 saturday, but never advised that I could not re-enter Walmart. I left walmart and bought products then spoke with an officer whom told me when i asked if i could go back in because i needed soup he said "ok"... I walked back into walmart and officers followed me all the way into the soup section and never arrested me until i grabbed a can of soup. (as if it was an act violence or something?!)

I was originally asked to leave because I was being loud and was having a conversation/discussion with the assistant manager and a worker. I know that it could very easily be a disorderly conduct charge rather than a criminal trespass charge.

Should i plead not guilty to this and what sort of defense should i use?
Again, I believe they never impeded me from re-entering AND i was NEVER told that I was not allowed to re-enter. I have never been in trouble with the law ever and don't even have any speeding tickets. I was very scared while in jail. I have spoken with the prosecutor and he suggests that I plead guilty because it will get a one year deferment.

I will never do anything like this again and have learned a vital lesson to be more respectful while in someone else's place of residence whether that is a store or house, but even with that it seems awful excessive to arrest me for this.

Thank you for your opinions and help.
reuben29
 
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Joined: Thu Mar 31, 2011 5:13 am
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Defense for criminal trespass, plead guilty or not guilty? need opinions.?

Postby aldric13 » Thu Feb 23, 2012 1:59 am

Getting arrested because you're acting up in a North Dakota Walmart at 2:30 in the morning is one of the coolest things you can ever put on a resume...or the most pathetic. It really depends on all the details you haven't included here. I could see this being the culmination of an epic adventure or a tragically hilarious/hilariously tragic scene in a Coen brothers movie.
aldric13
 
Posts: 21
Joined: Fri Apr 01, 2011 10:32 am
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