Q: How to plead to lesser charge?
Entered ex-girlfriends yard to look for my belongings left when I moved out. She was not home (which I knew beforehand). Neighbor saw me and called police. Arrested for harassment and trespass. Spent night in jail.
Pre-trial offer dismissed harassment for guilty plea of trespass (Class I). Penalties are jail, fine, diversion class, probation, and protection order.
Is this harsh for someone with no priors?
How do I I use the belongings issue as a defense?
How do I get my belongings back?
A:
If you are saying that the settlement offer would require you to serve a jail sentence, then it sounds harsh. However, although you have provided some details, I would need to learn more to fully assess your circumstances, any potential defenses to the charges, and if the plea offer is appropriate and fair. If you don't have an attorney assisting you, then you should get one. You may contact me to discuss further. As to your belongings,rightfully owning the property you were trying to recover would not be a defense, generally speaking. And as for recovering your property, if your ex- won't voluntarily agree, then you would likely have to sue her in small claims court (unless the property's value exceeds the jurisdictional limits of small claims court). Again, if you won't to discuss further, feel free to contact me.
Craig Orent
Attorney at Law
Orent Law Offices, PLC
11811 N. Tatum Blvd. Suite 3031
Phoenix, AZ 85028
480-656-7301
corent@orentlaw.com
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