Criminal Trespassing Laws in 708 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 708.
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 708.
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.
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.
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