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.
Sealing a Criminal Record Versus Expunging the Record
SHOULD YOU SEEK EXPUNGING OR SEALING YOUR CRIMINAL RECORD? A CRIMINAL DEFENSE LAWYER EXPLAINS.
Often, sealing and expunction are confused for one another, but these are two very different processes with varying qualifications required under criminal law. If you seal a criminal record, you are engaging in judicial proceedings that will limit others’ access to the file. The record still exists, and certain parties could access it, but it is sealed from most individuals. An expunction (expungement), on the other hand, deletes the criminal record entirely under criminal law.
Only certain circumstances allow for a criminal record to be sealed, and if you do have a record sealed, it will not appear on a regular criminal background check.
The USA does not have a statute that applies to expunction; therefore, it is tough to perform a successful expunction of any criminal arrests. If you have been convicted of a crime, you cannot expunge your record in the state, regardless of the circumstances under criminal law.
CAN YOU SEAL A CRIMINAL RECORD?
Yes, you can. However, Statutes Section 32A-2-26 strictly governs it. A record can only be sealed if it is a juvenile criminal record under criminal law. Your criminal defense attorney must petition the court, and then your files can be sealed after the court determines that the juvenile is not a delinquent offender.
If you are an adjudicated delinquent, you can still seal your juvenile criminal record, but your defense attorney must file a motion. You are required to wait two years before the records are sealed. There must also be no further convictions of a felony or misdemeanor in that two-year waiting period to qualify under criminal law.
You can only apply for a record sealing if you are 18 years of age, or if there is just cause for sealing the record before reaching 18. Your sealed record is treated as if it were never there.
EXPUNGING CRIMINAL ARREST RECORDS
While you cannot expunge a criminal conviction or seal an adult criminal conviction, you may be able to expunge a criminal arrest record. You can petition the department to expunge the arrest information, but only if it was a misdemeanor offense that did not involve moral turpitude under criminal law.
While there is no statute in place for record expunction, there are several questions in front of the Supreme Court regarding the matter. Hopefully, an ordinance will be created that specifically addresses record expunction under criminal law.
In conclusion, sealing is only available for a juvenile criminal record, and only after the waiting period has been completed with no further crimes committed by that juvenile. A record expunction is available for an adult, but only for arrest records and minor crimes. An adult must prove that he or she was innocent at the time of the arrest to qualify for record expunction.
WOULD YOU LIKE TO CLEAR UP A CRIMINAL RECORD?
If you have a juvenile criminal record that is affecting your life, you may qualify for a record seal under 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.
5 Facts Every Defendant Should Know About the Criminal Process
EXPERIENCED CRIMINAL PROCESS ATTORNEYS SERVING ALL OF THE USA
The criminal process, also known as the criminal procedure, is a standard set of rights and rules that law enforcement, prosecutors, and judges must follow for criminal law.
While this can be an in-depth topic, particular facts are more important. These facts help you identify your rights and prepare you for the trial and process ahead. If you do not know your rights, you may not find out when they have been violated. Therefore, review these facts.
Also, realize that the process is the same whether you are a first-time offender, facing misdemeanor charges, or you have a serious felony pending in criminal law.
WHAT 5 FACTS SHOULD EVERY CRIMINAL DEFENDANT KNOW?
There are safeguards for federal and state-level crimes. These safeguards protect your rights and ensure you receive not only a fair trial but what the Constitution provides you with being an American citizen.
1. THE FIFTH AMENDMENT OFFERS MORE PROTECTIONS THAN YOU REALIZE
The Fifth Amendment is notoriously referenced as the anti-self-incrimination right. However, did you know that the Fifth Amendment also protects you from certain acts in the death penalty, protection from double jeopardy, and offers you the right to due process in criminal law?
2. THE EIGHTH AMENDMENT ENSURES BAIL IS NEVER EXCESSIVE
Via the Eighth Amendment, you are protected from a bail amount that is “excessive.” Also, you have protections against excessive fines for your crimes, and that cruel and unusual punishment is not used as a penalty for your crime in criminal law.
3. THE SIXTH AMENDMENT PROTECTS YOUR RIGHTS AT TRIAL
The Sixth Amendment is there to offer you a speedy and public trial. However, fast in the eyes of the public justice system is not always as quick as you might like.
4. YOU CANNOT BE CHARGED EXCESSIVE FINES OR BAIL
The amendments, specifically the eighth, were designed to ensure that federal prosecutions could not use excessive bail or impose burdening fines. However, the Fourteenth Amendment also bars the state from depriving you of your life, liberty or property without due process and says that the state must provide you with the same protections under the Fourth, Fifth, Sixth, and Eighth Amendments in criminal law.
5. YOU HAVE FUNDAMENTAL RIGHTS
In a criminal law case, you have basic rights, including the right to be free from unlawful searches and seizures, freedom from cruel and unusual punishment, the right to an attorney, the right to protect yourself against self-incrimination, and so forth. To protect these rights, it is in your best interest to hire a criminal defense attorney. Not all your protections apply every time you deal with law enforcement. In some cases, you must be under arrest for certain rights to activate in criminal law.
PROTECT YOUR RIGHTS BY WORKING WITH A CRIMINAL DEFENSE ATTORNEY
If you or a loved one has been arrested, the first step is to contact an attorney for assistance. Our attorneys are here to protect your rights and ensure you receive a fair trial for your alleged crime in criminal law.