Criminal Trespassing Laws in Chandler 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 Chandler.
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 Chandler.
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.
Requirements that Police Must Follow to Execute a Search Warrant
SEARCH WARRANT REQUIREMENTS IN THE USA AND HOW THEY CAN AFFECT YOUR CRIMINAL LAW CASE
Even with a search warrant, law enforcement still has limitations. To understand those limitations, you must first know what a search warrant is, how law enforcement obtains one, and what it allows them to do in criminal law.
WHAT IS A SEARCH WARRANT?
A search warrant is a legal authorization issued by an authority (a judge) that allows police officers to search a particular place for evidence – without the owner or occupant’s consent. To not violate a person’s Fourth Amendment rights, police must obtain a search warrant in criminal law.
HOW DO POLICE OBTAIN A SEARCH WARRANT?
To get a search warrant, police officers must petition a judge, and the judge must issue the warrant. Law enforcement must show that they have probable cause, which justifies the issuance of a search warrant in criminal law. Sometimes, this means providing evidence or an affidavit to the judge. They must also state where they will search and the items that they seek. This information is then relayed in the search warrant text. If the order lacks specific evidence or areas, then it is not valid.
REQUIREMENTS WHEN EXECUTING A SEARCH WARRANT
Even when law enforcement has the search warrant in hand, and signed by a judge, there are protocols that they must follow. First, there is the knock-and-announce rule. This means that the officers executing the search warrant cannot force their way inside or immediately enter a private residence. Instead, the first officers must knock and announce their identities, as well as their intent. Then, they must wait for a reasonable amount of time for the occupant to answer in criminal law.
EXCEPTIONS TO THE KNOCK AND ANNOUNCE RULE
While officers are required to knock and announce, there are exceptions to this rule. Sometimes, officers will have a no-knock warrant, which means that they can enter the property without announcing intent or presence. These are only issued when there is reasonable suspicion that evidence might be destroyed if the police officers were to announce their identity to the occupants in criminal law.
TIMING OF SEARCHES
Officers are required to time their searches during the day. However, the definition of night can easily be stretched. Typically, states follow the federal rules of criminal law procedure, which means that searches can run from 6:00 am to 10:00 pm.
EXTENT OF THE SEARCH
With the warrant, police officers only have the authority to search the places and individuals listed in the order. They may only find the evidence sought after, and they can only search in areas where they would reasonably find the evidence. For example, an officer looking for a large rifle cannot justify searching a small jewelry box in criminal law.
While they have limitations on their searches, officers can detain people who they find at the site during the search. If they locate sufficient evidence while searching, they can arrest and search the people who they find – even if those people are not named in the warrant in criminal law.
PROTECT YOUR RIGHTS FROM UNLAWFUL SEARCHES – CONTACT A CRIMINAL DEFENSE ATTORNEY TODAY
If the police have searched your home and seized evidence, you have rights. Often, protocols are ignored, but police assume that defendants do not know criminal procedure. To ensure that your rights were not violated, and to receive expert-level defense, contact a criminal defense attorney.
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.
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.