Criminal Trespassing Laws in 616 Everyone Should Know
CRIMINAL DEFENSE ATTORNEYS FIGHTING CRIMINAL TRESPASSING CHARGES THROUGHOUT THE USA
While the act of trespassing is easily understood, many people commit the crime without realizing it. The USA has several laws regarding criminal trespassing; therefore, it is important that you know what these laws entail, and how a trespassing charge could be added to a series of criminal law charges – all carrying significant penalties in 616.
WHAT DOES THE USA CONSIDER CRIMINAL TRESPASSING?
In the USA, you are guilty of trespass if you enter or remain on a person’s property without authorization in criminal law.
There are numerous ways for a person to break this criminal law, including:
Remaining on private property. Being on private property without the owner’s permission is trespassing. If you stay on the private property after being asked to leave, that is also trespassing in criminal law in 616.
Entering posted private property. If the property has a “private property” sign on the exterior or around the perimeter, and you enter that property anyway, you are trespassing in criminal law. The only exception to this rule is if you have written permission from the owner or the property is open for hunting.
Entering despite public notice. Private property with signs displayed for the public indicating private ownership is off limits. If you choose to get into that property, you are committing the act of trespass in criminal law.
State lands and entering without permission. State lands are protected. While they might not have fences around their entire perimeter if you knowingly enter or remain on state lands without permission, you are trespassing in criminal law.
IT IS A CRIME TO REMOVE THE “NO TRESPASS” SIGN TOO
You might be surprised to find that removing a “No Trespassing” sign on private property is also a crime. While it is a petty misdemeanor, you could still be forced to pay the damage of the sign, and you will be guilty of a misdemeanor. Also, you could go to jail for this “petty” crime, while it might be less than one year. Depending on the circumstances, the judge may impose the minimum or maximum in criminal law.
WHAT IS THE PENALTY FOR TRESPASSING?
Knowingly trespassing is a misdemeanor offense. If you violate the law in conjunction with fishing or hunting licenses, then you also forfeit your license, and you will not be permitted to receive another for up to three years by the state game commission in criminal law.
TRESPASSING CAN TIE TO OTHER SERIOUS CHARGES
Criminal trespassing is the least of your concerns. Sometimes you could be accused of other offenses in addition to the act of trespassing.
For example, if arrested for breaking and entering, you could also be accused of trespassing. Burglary or the intent to burglarize along with trespassing is another common combination of offenses. These offenses carry harsher punishments than the act of trespassing alone. You could face a third-degree felony if convicted of invasion burglary, while aggravated robbery charges involve a second-degree felony in criminal law.
SPEAK WITH A CRIMINAL DEFENSE ATTORNEY FOR YOUR TRESPASS CHARGES
Whether you are accused of trespass or a combination of criminal offenses, it is in your best interest to speak with a criminal defense attorney.
Can I Receive Immunity for an Exchange in Testimony?
CRIMINAL DEFENSE LAWYERS DISCUSS OFFERING TESTIMONY IN EXCHANGE FOR IMMUNITY IN CRIMINAL CASES
It is your Constitutional right to remain silent when police or prosecutors ask information that forces you to self-incriminate yourself in criminal law.
However, you might be asked to provide information that is incriminating in return for immunity. Offering protection is a prosecutor’s way to override your privilege and access information you know, but also protects you against self-incrimination.
Note that in this post, you are only learning about the types of immunity you can receive. By no means does it constitute legal advice, and we do not necessarily suggest taking immunity in exchange for your testimony. Instead, you must always consult with a criminal defense attorney to see if immunity is best for your case and the consequences of testifying in criminal law.
TRANSACTIONAL IMMUNITY: COMPLETE PROTECTION
Out of the two types of immunity from prosecution offered, transactional is the broadest and most complete. Anything mentioned in your testimony becomes protected. That is why transactional immunity is often referred to as “blanket” immunity in criminal law.
Here are a few things to know about transactional immunity:
You cannot be prosecuted for admittance to criminal activity. If during your testimony you must admit to crimes, the prosecution cannot charge you with a crime or any crimes related to the information you say in that statement in criminal law.
Prosecutors can seek evidence elsewhere. While you have broad immunity, do not think that you would not be prosecuted. Prosecutors can learn elsewhere about your actions in a crime, gather evidence, and charge you with that crime later, especially if the crime is unrelated to the events you testify to in criminal law.
Prosecutors rarely offer such generous immunity. Rarely will you see a prosecutor offer this generous form of immunity. They do not want to allow a person to get away with a crime or escape punishment. Therefore, they might provide another type of immunity or no immunity in criminal law.
DERIVATIVE USE IMMUNITY
Also referred to as “use and derivative use” immunity, this is a common form of immunity issued by state prosecutors. If they decide that your testimony is worthwhile, they could extend derivative use immunity, but the scope of this protection is much narrower in criminal law.
The prosecution cannot use your statements or evidence that derives from your statements against you in a prosecution. However, there is more to this form of immunity than meets the eye:
Prosecutors can obtain independent evidence. During your testimony, if you indicate or hint that you played a role in the crime, prosecutors have the right to seek independent evidence. That independence evidence is not produced from your testimony, which gives them the right to prosecute you in criminal law.
Prosecutors might find another witness against you. Immunity for testimony becomes a vicious cycle at times. You not only receive protection, but the prosecution can also find a witness who will testify against you in exchange for immunity in criminal law.
Stipulations always apply. Typically, stipulations apply to all types of immunity. Therefore, it is important to review these stipulations, have them in writing, and have a criminal defense attorney by your side to ensure these stipulations do not increase the likelihood you will be charged with a crime too.
DO NOT ACCEPT IMMUNITY UNTIL YOU SPEAK WITH AN ATTORNEY
When prosecutors wave immunity in front of you, you might be tempted to take it. They might even tell you that the offer goes away if you speak to an attorney in criminal law.
Never accept an offer of immunity in exchange for your testimony without consulting an attorney. A criminal defense lawyer is better equipped for negotiating such deals and ensuring that you cannot be charged or arrested in the future based on what you testify to in criminal law.
What and When Must Prosecutors Disclose Evidence?
EXPERIENCED CRIMINAL DEFENSE LAWYERS FIGHTING CRIMINAL CHARGES ACROSS USA
You might be arrested for a criminal act. You could be in jail awaiting your trail. However, you have various rights given to you by the United States Constitution – regardless of whether you are in jail or accused of a crime. One important right to know is the right to evidence disclosure in criminal law.
Once you have been formally charged with a crime, you are entitled to evidence and information. As the defendant, you and your attorney can receive the materials the prosecution has as part of the discovery process in criminal law.
However, the prosecution does not only disclose that information at the initial trial; they are required to do so even after the trial begins.
WHAT TYPE OF DISCOVERY APPLIES TO YOUR CASE?
The most typical example of discovery is the police report. A standard police report includes your name, the name of witnesses, and any victims involved in the crime. Also, it contains statements from those individuals, officer notes, and information relating to your arrest. The police report is the first form of discovery you and your attorney receive in criminal law.
Other types of discovery that might apply include:
Recorded Interviews and Interrogations – Any recordings of police interviews with yourself, victims, and witnesses are given to your attorney.
Photographs and Video of the Scene – If a crime scene is investigated, any pictures and videos of that scene are handed over to the criminal defense.
Records – Records regarding the victim’s injuries (if a victim is involved), police personnel assigned to the case, and witness criminal records must also be given to your attorney in criminal law.
THE RIGHT TO EXCULPATORY EVIDENCE
The Constitution requires that state prosecutors give any evidence that might contradict your guilt. They must disclose this evidence, regardless of whether they feel it is exculpatory or not. If it warrants a lesser punishment or contradicts your alleged crime, they are required to give it to the defense in criminal law.
This evidence also includes anything that questions the credibility of a witness, like a witness who receives leniency in exchange for his or her testimony.
WHAT HAPPENS IF THE PROSECUTION DOES NOT SUPPLY EVIDENCE?
If the defense learns that the prosecution withheld evidence, they may have a Brady violation. Typically, these violations are found after a defendant is convicted, and then the defendant might receive a new trial as a result.
Prosecutors must share evidence as part of your Constitutional right to a fair trial. If they do not share that evidence promptly, they could be found in violation of your rights and court procedures in criminal law.
HOW QUICKLY DO THEY HAVE TO TURN OVER EVIDENCE?
While required to submit evidence, that does not mean that the prosecution will do so quickly. If the courts feel that the prosecution unreasonably waited to disclose such information, then they may face contempt charges. However, it is common for prosecutors to wait on evidence for a few days (or even weeks) until they consider it necessary to turn it over in criminal law.
HIRE AN AGGRESSIVE CRIMINAL DEFENSE ATTORNEY FOR YOUR CASE
There is no need to worry about when and how evidence is shared between the defense and prosecution. When you have a qualified criminal defense attorney representing your case, you can rest assured that evidence is collected and shared appropriately in criminal law.
Accomplices, Accessories, Aiders, and Abettors 101
ACCUSED OF ASSISTING WITH A CRIME? YOU NEED AN EXPERIENCED CRIMINAL DEFENSE TEAM ON YOUR SIDE
Every state and federal statute has one hidden feature: Casual accomplices and the primary defendants both can face similar punishment.
The state classifies criminals in many forms, including the principal offender, accomplice, accessory, aider, abettor, and the conspirator. These classifications depend on the person’s role in the crime. The primary offender is the person who commits the crime or intends to commit the crime in criminal law. However, the definitions become muddled when it moves down the line and examines accomplices, aiders, and the like in criminal law.
WHAT IS AN ACCOMPLICE?
Assisting persons who directly assist the principal offender are accomplices. An accomplice intentionally helps the principal offender to commit the crime, and knows what they are doing is wrong. Even if the accomplice does not carry out the criminal act, the law considers all pre-crime assistance enough for accomplice status in criminal law.
The prosecution must prove that the accomplice intentionally aided the primary offender in the commission of the crime before, during, or after the actual criminal act. Realizing that the principal intends to commit a crime and not stopping them could constitute accomplice-like acts, as well in criminal law.
THE MORE COMPLICATED ASSISTANT DEFINITIONS
Once you pass as an accomplice, the definitions and classifications become more involved. All it takes is a single act or non-action to differentiate a person from one classification into the other. Some standard assistant definitions in criminal law include:
Aider and Abettor – The aider and abettor is the principal in the second degree. They were present at the crime scene but carried out a passive role. Their role, however, ensured the crime was carried out. For example, a person watching out for witnesses during a bank robbery would be an aider and abettor in criminal law.
Accessory Before the Fact – An accessory before the fact is a category of an accomplice who helps before the crime. They were not present at the crime scene but helped the principal prepare for the criminal act.
Accessory After the Fact – Accessory after the fact is the person who knows the principal committed a felony and helped them avoid arrest or trial. They did not know about the crime or help prepare but instead help avoid prosecution. An accessory after the fact is not as harshly punished as an accessory before the fact or an aider and abettor in criminal law.
Conspirator – Conspirators can consist of one or more people who agree to commit a criminal act together. Conspirators are all principals; therefore, they do not assist. Instead, they decide to commit a crime together. This is a highly controversial charge, however, because a conspirator does not have to commit the crime or follow through with the act in criminal law.
AVOID THE HARSH PUNISHMENTS OF HELPING WITH A CRIME
The crime of aiding and abetting means you have contributed to carry out a criminal offense in criminal law.
The punishment for this offense is severe; therefore, it is best if you speak with a criminal defense attorney. Aiding or abetting a criminal act could result in a range of punishments, including a misdemeanor offense, jail time, and possibly a prison sentence if you help with a felony act in criminal law.