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.
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.
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