Criminal Trespassing Laws in Tyler 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 Tyler.
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 Tyler.
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.
5 Reasons You Need an Attorney for a Domestic Violence Charge
EXPERIENCED CRIMINAL DEFENSE ATTORNEY FIGHTING DOMESTIC VIOLENCE CHARGES THROUGHOUT THE USA
While you might be afraid of the costs of hiring an attorney, realize that those costs outweigh the reality of criminal punishment. If you are arrested for domestic violence charges, it is imperative that you hire a criminal defense lawyer. An attorney can help you not only prove your innocence but avoid the long-term consequences of a domestic violence conviction in criminal law.
5 COMPELLING REASONS TO HIRE A CRIMINAL LAW ATTORNEY NOW
You have the right to an attorney; therefore, it is in your best interest to exercise that right.
From a legal standpoint, domestic violence charges mean that you intimidate someone into assuming you were going to harm them, or you attempted to hit or touch someone in an offensive way or did complete the act.
You could be charged with domestic violence just because your accuser says that you harmed them; therefore, this is no charge to ignore in criminal law.
Even controlling actions could be considered domestic violence. You do not have to strike a domestic partner to face domestic violence charges physically. In fact, being controlling, threatening, or mentally abusing your partner could constitute domestic violence.
It is your word against the victim. Your word does not carry much weight in a domestic violence case, but the victim’s does. While the courts created this rule to ensure that battered spouses would speak up, the reality is that some spouses are not battered and abused the power that their word has over the court in criminal law.
You will lose your right to carry a gun. If you are convicted of domestic violence, you are prohibited from owning, carrying, or having a gun in your home. Also, you cannot purchase or possess ammunition. While it is a misdemeanor offense, federal law prohibits you from this right after a conviction.
You could lose your job. A domestic violence conviction is severe in criminal law. Some employers will not hire a domestic violence offender, especially if you are in public education, therapy, medical care, and so forth. If your career is in a particular field, you may no longer be able to work and have to seek new job opportunities. Also, a misdemeanor or felony conviction for domestic violence is grounds enough for you to not only lose your current job, but possibly be unable to obtain employment in the future due to criminal law.
A domestic violence conviction stays on your permanent criminal record. If you are asked if you have been charged or convicted of a crime, you must respond that you have on your application. Also, you cannot expunge or seal domestic violence records; therefore, a conviction remains part of your criminal record for the rest of your life because of criminal law.
AVOID THE HARSH REALITIES OF A DOMESTIC VIOLENCE CONVICTION – CONTACT A DEFENSE ATTORNEY
Avoid the harsh realities that come with a domestic violence conviction. Instead, contact a criminal defense attorney that can help you with your charges and find the best possible solution in criminal law.
Restitution and Criminal Punishment: How Do They Work?
CRIMINAL DEFENSE ATTORNEY EXPLAINS RESTITUTION FOR CRIMINAL LAW CASES
Many crimes carry financial losses. Victims are often the ones forced to endure these financial losses, including the loss of personal property, medical costs after an assault, or lost income. Under the Mandatory Restitution Act of 1996, the courts can determine whether restitution is warranted, and the amount of restitution the criminal defendant must pay to the victim or the victim’s family in criminal law.
WHAT DOES RESTITUTION CONSIST OF?
Restitution in the criminal justice system refers to the funds that the defendant must pay to the victim for any financial harm caused by their actions. The court has the discretion and authority to force a defendant to pay restitution as part of his or her criminal punishment under criminal law. Some crimes carry a mandatory restitution, but this depends on the state. The high courts have backed the decision to order defendants to pay restitution. In fact, a case in 2010, where the U.S. Supreme Court ruled that the state correctly ordered restitution, proves such in criminal law.
Usually, violent felony offenses include restitution, but other cases can involve restitution if there are severe financial losses. Restitution might cover the out-of-pocket costs for the victim under criminal law, including:
Insurance deductibles and copays
Costs related to the criminal law case (e.g., travel, child care, etc.)
Lost or damaged property
Restitution is different from personal injury compensation. A victim will not receive pain and suffering or any form of compensation for his or her emotional distress. Instead, these damages only apply to what the victim physically paid for; usually, a receipt or bill is necessary to show the courts that the amounts are justified under criminal law.
WILL RESTITUTION BE ORDERED IN MY CRIMINAL LAW CASE?
It is hard to predict what the courts will do, but restitution is more likely in two situations:
The victim has substantial proof of financial losses. If the victim has evidence of financial losses, and he or she can justify every loss claimed, the courts might order restitution to recover those costs.
A violent crime has occurred, and the request for restitution ordered. Sometimes, the courts wait for the prosecution to issue a request for restitution. Other times, the courts offer mandatory restitution in extremely violent cases. For example, the brutal beating of a victim could result in restitution automatically – regardless of whether the prosecution submits a request under criminal law.
FULL VERSUS PARTIAL RESTITUTION
When restitution is ordered, the courts look at the defendant’s ability to pay. Obviously, if the accused has no way to pay the losses, it is hard to force them to do so. So, the court might reduce the amount until the offender can pay in full. Sometimes, the courts will still issue restitution in full but set monthly payments so the offender can pay off the balance in a specific amount of time under criminal law.
You should note that, if you are on probation or parole and have a restitution payment schedule, missing a payment could result in a revocation of your probation or parole. Typically, timely payments are part of your release conditions in criminal law.
CONSULT WITH A CRIMINAL DEFENSE ATTORNEY ABOUT POSSIBLE RESTITUTION
Restitution is ordered upon conviction, and is part of your criminal punishment. Therefore, you may have jail time and other penalties in addition to restitution. To avoid these harsh penalties, speak with a criminal defense attorney.
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.