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Criminal Trespassing Laws in Whitehouse 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 Whitehouse.

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:

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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 Whitehouse.

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.

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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.

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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.

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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.

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Criminal Trespassing Laws in USA Everyone Should Know

What is a Criminal Writ? CRIMINAL DEFENSE ATTORNEY AND CRIMINAL CASE WRITS Most criminal defendants will never see a writ, but there are a select few that do. A writ is a formal document or order that comes from a higher court and directs the lower-level court to take action in criminal law. Writs in criminal cases are seen in appeals. While the defendant only has one chance to appeal, it has multiple opportunities to present writs. A writ from the higher court is difficult to obtain, and it involves advanced legal knowledge that only a criminal defense attorney possesses. If you are considering an application for a writ, it is imperative that you speak with a criminal defense attorney. The procedures for writs are highly involved; to ensure success, you need someone who understands case criminal law. EXPLORING THE DIFFERENT TYPES OF STATE AND FEDERAL-LEVEL WRITS The federal court system deploys only a handful of writs today, and many have been abolished slowly over the years. Writs that are still acceptable in federal court include: Writs of Certiorari – This writ permits a review of your case in criminal law. Writs of Habeas Corpus – Your detention is challenged in this form of writ. Writs of Injunctions or Prohibition – This writ can compel or outright forbid actions by the government or lower-level court. Writs of Error Coram Nobis – This writ sets aside the lower court’s conviction in criminal law. State courts have different views on writs, and some take notice of the federal court’s approach when designing their writs. The State Court of Appeals does have similarities to the federal writs. They recognize federal writs and deploy others that are necessary to complete the exercise of their authority. Therefore, if a writ is necessary for the court to exercise its power over the government or lower courts, they will use it. The USA recognizes writs of certiorari, injunctions, habeas corpus, and prohibition. Also, it allows additional writs like: Writs of Attachment – This writ allows the seizure of a person or a person’s property. Writs of Capias – This writ gives permission to issue a warrant for arrest in criminal law. Writs of Fieri Facias – This writ gives the government authority to seize property and auction it for debt. Writs of Venire Facias – This writ summons jurors to appear in court. OTHER EXTRAORDINARY WRITS The Court of Appeals also handles extraordinary writs that are needed to exercise jurisdiction in criminal law. However, these are dire measures, and the courts only grant a writ when they feel that there is no other remedy. Courts adjudicate writs quickly compared to how fast they adjudicate appeals. If a defendant is wronged in a lower level court, he or she (through an attorney) can request a writ. Some common reasons to request a writ before an appeal include: Inadequate defense or inappropriate objections over the errors of the case in criminal law. An issue of urgency in the case. The attorney did not investigate the defense. The judgment has not been entered by the trial criminal court. SPEAK WITH A CRIMINAL DEFENSE ATTORNEY ABOUT YOUR ELIGIBILITY FOR A WRIT Writs are incredibly complex, and even harder to get from the appeals court. Therefore, you need a criminal defense attorney who can represent your case and help you receive a writ in criminal law. fraud attorney

Offers of Leniency: Will a Confession Decrease Your Charges?

5 DUI Myths that Could Put You in Jail EXPERIENCED DEFENSE ATTORNEY FIGHTING DUI CHARGES IN THE USA The Internet is a reliable resource for research, but one thing it should never be used for is legal research. While there are some helpful posts out there, most of the research you find on DUIs comes from forums and opinionated writings; not fact or criminal law. Sadly, because of the internet’s popularity, many DUI defendants turn to their trusted website or forum for advice when they should consult with a criminal defense attorney. The myths and incorrect facts online lead to confusion and could result in you going to jail when you could have walked away free. The DUI laws are complicated, and the consequences of a DUI conviction is dire. Therefore, know the facts before you decide where you want to go with your case in criminal law. REFUSING A BREATHALYZER MEANS YOU CANNOT BE CHARGED WITH A DUI Refusing to take a breathalyzer might mean that your BAC is not measured, but that is not to say you will be free from a DUI or related charges. First, you have the implied consent law. Therefore, if you have a driver’s license and operate a vehicle in the state, you are required to comply with a breathalyzer test. Refusal means an automatic suspension of your driver’s license. Also, you can still be charged with a DUI and convicted regardless if you have a BAC level on file. Refusing to could justify as evidence against you and considered an admission of guilt in criminal law. A DUI IS NOT A SERIOUS CHARGE A DUI charge is extremely dangerous. Do not let the fact that it is a misdemeanor fool you. While you might only face a misdemeanor, that is a serious criminal law charge that will affect you for the rest of your life. A DUI will not only result in a license suspension, but you may lose your job, serve time in jail, and must attend court ordered classes until you can get your driver’s license back. A DUI DOES NOT REQUIRE AN ATTORNEY While the internet offers a surprising amount of information about how to avoid a DUI and why you do not need an attorney, the reality is that without a criminal defense lawyer, you are more likely to face a harsher charge than if you have a lawyer defending your case in criminal law. YOU MUST BE DRIVING TO BE CHARGED WITH A DUI Even if you are sitting in a parked car with the engine running or you have exited your vehicle after driving drunk, you could be arrested and charged with a DUI. The statute states in control or operation of a motor vehicle; therefore, the officer does not have to find you driving or in the act to arrest you in criminal law. A PERSON CAN BEAT A BREATHALYZER TEST It is a common misconception that a person can beat a breathalyzer test by various methods like drinking mouthwash, chewing gum, and surprisingly putting a penny in the mouth. None of these methods work because a breathalyzer not only registers breath alcohol but assesses the amount of alcohol in the blood based on the breath. Furthermore, a positive breathalyzer could result in an order for blood or urine test, which would further prove that you have alcohol in your system for criminal law. WANT TO PREVENT A DUI FROM RUINING YOUR LIFE? YOU NEED AN ATTORNEY If you have been arrested for a DUI, the best thing you can do is speak with a criminal defense attorney. An attorney can help assess your case and defend you in court. Do not assume that a DUI is not a serious conviction in criminal law. federal criminal defense

Exploring the Common White-Collar Crimes in the United States

Offers of Leniency: Will a Confession Decrease Your Charges? CRIMINAL DEFENSE ATTORNEY DISCUSSES CONFESSIONS AND THEIR EFFECT IN COURTS During an interrogation, officers use one common tactic to elicit a confession: An offer of leniency. They might tell you that they can lower your charges if you confess. However, there is a kicker – your confession must be voluntary. So, it is important that you understand your rights, and what might happen if you do confess in hopes of lesser charges in criminal law. PSYCHOLOGICAL PRESSURE EQUATES TO INVOLUNTARY CONFESSIONS It is your right not to be pressured into a confession. Police officers using psychological persuasion – including an offer of lesser charges – is considered pressuring you. That is why statements produced through the promise of leniency are disregarded by the courts. So, your confession would likely be inadmissible in criminal law. However, your statement must be the product of an offer of compromise, whether expressed or implied. Offers that could result in an inadmissible confession include: The promise of immunity; The guarantee of a reduced sentence; or An offer to dismiss the charges upon confession. THE FACTOR OF IMMUNITY IN EXCHANGE FOR TESTIMONY Often, defendants confuse confessions in interrogations with the exchange of immunity or reduced charges to testify in criminal law. These are two different things. While you have the right to remain silent, if you choose to speak with a criminal defense attorney and answer his or her questions, that is your prerogative. A prosecutor can also override your Fifth Amendment rights by offering immunity from prosecution in exchange for your testimony in criminal law. THE TWO TYPES OF IMMUNITY FROM PROSECUTION Transactional Immunity – Transactional immunity is a very broad kind of immunity. It is so broad that it is referred to as “blanket” immunity. Any crime you confess to, including ones unrelated to the case, cannot be used against you in criminal law. “Use and Derivative Use” Immunity – Most prosecutors opt for this form of immunity because it is narrower and does not let a defendant get away with anything. The prosecution cannot, however, use your statements or any evidence derived from those declarations in a prosecution against you. However, it does not prevent them from gathering additional evidence and using it against you later. So, theoretically, you could still face criminal charges in criminal law. SPEAK WITH A CRIMINAL DEFENSE ATTORNEY BEFORE ACCEPTING ANY DEALS Whether you are being interrogated, you’re offered a deal, or you are being presented with an offer of immunity, it is imperative that you speak with a criminal defense attorney.

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