June 19, 2017

Asked 6/14/17 – Refugio, TX

being charged for criminal trespass cause I accidentally walked in someone’s house and I didn’t know I did so cause I was in middle of having a petit-mal seizure or better yet a Daze how can I beat this

Answer

You “beat” this case by having the State fail to meet their burden of proving the allegations against you beyond a reasonable doubt. One of the allegation in a criminal case is a culpable mental state, and an existing mental and/or physical condition can be an issue on the matter of intent. This is a fairly technical legal issue and generally requires testimony of a licensed medical professional (don’t think you can just appear in court by yourself, tell your story and expect a Judge or a DA to say, “OK, case dismissed”). Start talking with local attorneys.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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