A: My son has been arrested for trespassing in a construction zone in Fl. This is his first offense. Will he be sent to jail? He was riding his Enduro motorcycle in a construction zone. The site had a sign posted but he did not see it. A truck entered the site so he left. He was then detained and arrested for trespassing in a construction zone. He was told that this is a 3rd degree felony. We have little money for a lawyer and I am terrified that he will be sent to jail. What should we do and how likely is it that he will have to serve time? Can we get it dismissed or reduced to a misdemeanor?
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Answered . Trespass in a Posted Construction Zone is a 3rd degree felony for which he faces a max of 5 years in prison. Please see: See F.S. 810.09 - http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.09.html
If this is his first offense then it is almost certain that he be eligible for a diversionary program. If it is not - or if he is not - then his case will have to be defended, whether by a private or a court appointed lawyer.
Diversion is a program which is designed to make your son think twice about future criminality by way of making him jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit him, keep him or "graduate" him from their program.
Knowing that, the question now is whether or not diversion is right for your son. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.
The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion.
Please take a look at my Avvo Legal Guide on diversion in Florida. It contains a great deal of information on the subject and should be helpful to you. For your convenience a link follows:
Please see: http://www.avvo.com/legal-guides/ugc/pre-trial-intervention--diversion-what-is-it-and-is-it-right-for-me
Either way please be sure that charges do not magically disappear. Unless there is either insufficient proof or if the police have exceeded their mandate (and sometimes even then) the only way that charges will go away is with the assistance of a skilled and experienced criminal defense lawyer who tirelessly efforts on your behalf.
I hope that I have been helpful in answering your question.
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