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.
Exploring the Common White-Collar Crimes in the United States
EXPERIENCED CRIMINAL DEFENSE FOR WHITE COLLAR CRIMES
White collar crimes are committed throughout the USA annually.
They are also massively underreported in most states. White collar crimes are often thought of as “innocent” crimes, but they are no such thing. Often these crimes leave people financially devastated. That is why the punishments for white collar crimes are much harsher than defendants realize.
WHERE DID WHITE COLLAR CRIMES COME FROM?
White collar crime is a term coined in 1939. It was a crime initially committed by a respected person of society that had a high regard in their occupation.
Today, white collar crimes are broad and take over any crime that is done for financial gain. They could be commercial but are often done by government officials, business people, and professionals. White collar refers to the area of professionals that person has, such as wearing a suit or business attire. Today, white collar crimes are not even in person. Most are done over the Internet.
THE MOST COMMON WHITE-COLLAR CRIMES
White collar crimes are a comprehensive category. However, some types of white collar crimes are more often committed in the United States than others. These include:
Insurance Fraud – Insurance fraud can include automobile insurance, but also medical insurance and homeowner’s insurance policies. Filing false claims or amounts on the claims can also constitute insurance fraud.
Insider Trading and Stock Crimes – Stock market and financial crimes, like securities fraud, insider trading, hedge fund fraud, and manipulation are all crimes.
Computer Fraud – Computer fraud includes wire fraud, and sometimes adds mail fraud.
Identity Theft – Identity theft involves taking another person’s identity for financial gain. Such as taking loans or credit cards out in their name.
Bribery – Bribing a person requires money in return for an act or omission.
Tax Evasion – It is a crime to avoid paying taxes to the state or federal government purposely. If you purposely avoid paying taxes or you move assets and hide funds to avoid taxes, then you are committing tax evasion.
Embezzlement – Another common type of white collar crime is embezzlement. Embezzlement is the act of stealing funds from a trusted position, such as a CEO stealing money from their company or a broker stealing from his or her clients.
THE TRUE EFFECT OF WHITE COLLAR CRIME
White collar crime is not victimless. Instead, it affects businesses and the victims for years. A person could have their entire life savings gone in a moment. Moreover, the widespread tactics used often affect hundreds of people. Businesses might have to file for bankruptcy because of a criminal act, and the toll of these crimes for the United States averages $3 billion per year.
CHARGED WITH A WHITE-COLLAR CRIME? YOU MUST CALL AN ATTORNEY
White collar crimes carry harsh punishments and could constitute a felony charge. To avoid the penalties of the federal government, you must contact an attorney with experience in these types of cases.
When Does Possession Become an Intent to Sell?
CRIMINAL DEFENSE LAWYERS FIGHTING INTENT TO SELL CHARGES IN COURTS
Sometimes, possession is just possession. There are other instances where the prosecution might turn possession charges into an intent to sell or distribute charge. In this scenario, you are facing more than a misdemeanor. In fact, you are now facing punishments like drug trafficking. You could face a felony, massive financial penalties, and long-term repercussions – all for carrying too much of a controlled substance in criminal law.
Many people hold misconceptions about what constitutes intent to sell versus possession. If you are arrested for possession of any kind, it is in your best interest to hire a criminal defense attorney to ensure that an intent to distribute is not attached to your crime in criminal law.
THE TYPE OF DRUG AND THE CDS
The Controlled Dangerous Substances (CDS) is a federal list of drugs and associated penalties. The USA has five schedules to their CDS. Where you land on the schedules can also determine the minimum amount you are carrying to receive an intent to sell charge, in addition to possession. Schedule I are the most dangerous drugs because they have the highest rates of abuse and addiction. Regardless of which schedule you possess, it is illegal to make, sell, or possess any CDS-category substance in criminal law.
THE AMOUNT OF CDS DRUGS YOU ARE CAUGHT WITH MATTERS, TOO
When you are arrested, officers take all CDS substances as evidence. When you are caught with a large volume of a CDS, you might face drug trafficking or intent to distribute charges. However, the term “large size” is not always clear. When it comes to marijuana, carrying one ounce or less is considered personal use. Officers do not expect that someone with one or fewer ounces is distributing. However, if you were caught with eight ounces or more, you most likely will face a felony and drug trafficking charges in criminal law.
You are guilty of trafficking if you manufactured a controlled substances from Schedules I through V, or if you distributed, sold, or bartered these substances. Possession with intent to distribute applies to anyone with a controlled substance, including salts, isomers, and salts of isomers in criminal law.
THE PENALTIES FOR TRAFFICKING/INTENT TO DELIVER
If you are convicted of possession with intent to distribute, your charges could span dramatically depending on the amount and the type of substance you are caught with. Possession of marijuana is a felony that can involve up to 18 years in prison and a fine of up to $15,0000 in criminal law.
YOU HAVE CRIMINAL DEFENSE OPTIONS
Whether you intended to distribute or use your substances for personal use, you have defense options. A criminal defense attorney can argue that the substance was authorized (such as a prescription), disprove the prosecution’s case about distribution intent, and more in criminal law
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.