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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:

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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 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.

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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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What is a Criminal Writ?

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. probation violation attorney

Can I Receive Immunity for an Exchange in Testimony?

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. assault and battery lawyer

When Does Possession Become an Intent to Sell?

Are Ponzi Schemes Illegal? CRIMINAL DEFENSE ATTORNEYS DEFENDING WHITE COLLAR CRIME CHARGES Criminal law made headlines a few years ago when the Vaughan Ponzi scheme was revealed. The plan resulted in millions of settlements for restitution and 278 victims of the real estate scheme. Vaughn received 12 years in prison for his scam, and while his sentence occurred years ago, the fallout is still being handled in the state in criminal law. Ponzi schemes are widely misunderstood. Some refer to them as pyramid scams, while others consider any investment-like strategy a “Ponzi” scheme. However, it is important to know the legal differences and what constitutes a Ponzi scheme. After all, a real Ponzi scheme is illegal. But, it is not a state crime. Instead, you are more likely to face federal charges if you were involved in a Ponzi scheme knowingly in criminal law. WHAT IS THE DEFINITION OF A PONZI SCHEME? A Ponzi scheme is an illegal business where new investors fund payments to earlier investors. It features a trickle-down effect like other businesses, but there are fundamental differences with a Ponzi scheme to note. New Money Funds Old Money – Ponzi schemes do not have real investments or real income. Instead, they use the money of new investors to pay old investors. However, the funds are never invested themselves. These schemes require constant investments from new participants to thrive. Once the new investors run out, the system collapses. Offer Little or No Risk Investments – Ponzi schemes typically say there are little to no risk for investing. However, these require high investment amounts and promise outrageous returns that are improbable in even the best markets in criminal law. Consistent Returns – All investments have odd returns, and they fluctuate with the market. A Ponzi scheme offers their investors consistently high-value and positive returns, regardless of the market, because they are not investing in the real market. Instead, they only take the investments of new participants and pay the old in criminal law. Not Registered with the SEC – Companies that encourage new investors must be registered with the SEC and state regulatory agencies. A Ponzi scheme is illegal; therefore, it is not registered with the SEC or any governing agency. Most of these businesses have no valid license to operate either in criminal law. ARE PYRAMID AND PONZI SCHEMES THE SAME? No. While they are closely related, these two are different in the ways they require payments and how the structure of the scheme works. They both trickle down funds from the top of the investor chain to the bottom but are slightly different. Note, a multi-level marketing program is not a pyramid scheme or Ponzi scheme. While they act similar, these are typically legitimate. However, there are multi-level marketing frauds out there which are pyramid schemes and not real businesses in criminal law. BE CAREFUL ABOUT STARTING AN MLM ILLEGALLY If you plan to start a multi-level marketing program (MLM), you must avoid the hallmarks of a Ponzi scheme or pyramid scheme. Certain actions you take could constitute illegal acts, and you could face state or federal level charges in criminal law. Some methods to avoid include: Promising easy money, passive income, or high returns regardless of market conditions. Not offering a real product or service with the investment. Not documenting revenue from retail sales. Requiring buy-in to participate. While you can buy products to resell, buying into the company specifically borders on a pyramid scheme and criminal law. Requiring your investors and participants to recruit more than sell products or services. We handle white collar crimes and state or federal level offenses. If you have been arrested for a pyramid scheme or another white-collar crime act, speak with one of our criminal defense attorneys today in criminal law.

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