Criminal Trespassing Laws in Whitehouse 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 Whitehouse.
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 Whitehouse.
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.
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.
Exploring the Common White-Collar Crimes in the United States
EXPERIENCED CRIMINAL DEFENSE FOR WHITE COLLAR CRIMES
White collar crimes are committed throughout the USA annually.
They are also massively underreported in most states. White collar crimes are often thought of as “innocent” crimes, but they are no such thing. Often these crimes leave people financially devastated. That is why the punishments for white collar crimes are much harsher than defendants realize.
WHERE DID WHITE COLLAR CRIMES COME FROM?
White collar crime is a term coined in 1939. It was a crime initially committed by a respected person of society that had a high regard in their occupation.
Today, white collar crimes are broad and take over any crime that is done for financial gain. They could be commercial but are often done by government officials, business people, and professionals. White collar refers to the area of professionals that person has, such as wearing a suit or business attire. Today, white collar crimes are not even in person. Most are done over the Internet.
THE MOST COMMON WHITE-COLLAR CRIMES
White collar crimes are a comprehensive category. However, some types of white collar crimes are more often committed in the United States than others. These include:
Insurance Fraud – Insurance fraud can include automobile insurance, but also medical insurance and homeowner’s insurance policies. Filing false claims or amounts on the claims can also constitute insurance fraud.
Insider Trading and Stock Crimes – Stock market and financial crimes, like securities fraud, insider trading, hedge fund fraud, and manipulation are all crimes.
Computer Fraud – Computer fraud includes wire fraud, and sometimes adds mail fraud.
Identity Theft – Identity theft involves taking another person’s identity for financial gain. Such as taking loans or credit cards out in their name.
Bribery – Bribing a person requires money in return for an act or omission.
Tax Evasion – It is a crime to avoid paying taxes to the state or federal government purposely. If you purposely avoid paying taxes or you move assets and hide funds to avoid taxes, then you are committing tax evasion.
Embezzlement – Another common type of white collar crime is embezzlement. Embezzlement is the act of stealing funds from a trusted position, such as a CEO stealing money from their company or a broker stealing from his or her clients.
THE TRUE EFFECT OF WHITE COLLAR CRIME
White collar crime is not victimless. Instead, it affects businesses and the victims for years. A person could have their entire life savings gone in a moment. Moreover, the widespread tactics used often affect hundreds of people. Businesses might have to file for bankruptcy because of a criminal act, and the toll of these crimes for the United States averages $3 billion per year.
CHARGED WITH A WHITE-COLLAR CRIME? YOU MUST CALL AN ATTORNEY
White collar crimes carry harsh punishments and could constitute a felony charge. To avoid the penalties of the federal government, you must contact an attorney with experience in these types of cases.
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.