Legal Question in Criminal Law in Colorado

criminal trespass III question

My husband has been cited for Criminal Trespass III on possible ag land to pick up a piece of equipment that did not belong to the land owner. We had permission from the equipment owner to pick up the equipment. There was no criminal intent towards the land owner. We crossed 30 ft onto the landowner property to pick up the equipment then left the property with proper notification that we pick up the equipment. The intent was for the sole purpose of picking up a piece of equipment for the equipment owner. What will be the punishment for this? How do we plead?? Should we plead guilty? or not guilty?? Could the judge drop this case?? Thank you for your time in this matter. I look forward to your answer.


Asked on 8/13/02, 11:38 am

2 Answers from Attorneys
Richard B. Huttner Richard B. Huttner, P.C.

Re: criminal trespass III question

It can be charged as a petty offense which means a fine only. It can be charged as a class three misdemeanor or a class five felony if it is done with the intent to commit a felony. It may be worth your time to get an attorney. From your explanation it sounds like the case should be dismissed.

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Answered on 8/13/02, 11:47 am
Jason Savela The Savela Law Firm, PC

Re: criminal trespass III question

Sounds like your case should be dismissed. If you do not have a record, then likely the only real penalty will be the charge on your record. But, those charges can cause problems in the future.

If you do not want to hire an attorney up front, then go to the court date, see what the DA will offer and if you do not like it, tell the DA and court you want to hire an attorney - then call me - 720-406-6969.

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Answered on 8/13/02, 12:11 pm


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