Criminal Trespass – arrested in my own apartment complex.

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Criminal Trespass – arrested in my own apartment complex.

At 3 AM three friends and I came to my apartment complex to swim. The pool is gated, as is the rest of the complex. It is generally open 24/7 but this night there was a chain around the top of the gate so that even with my access code I could not enter. I jumped over the fence and shortly afterward police officers came at the request of an off duty Lt. who lives there and arrested us. The charge was criminal trespass. I have never been arrested and am a physician at the local hospital. How likely would deferred adjudication be and is there benefit in obtaining a lawyer?

Asked on July 1, 2009 under Criminal Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think getting a lawyer would be a very good idea.  I'm not a Texas attorney, and trespassing laws can differ in some details from one state to another.  Those details might be important here.  You might not be guilty, depending on the facts.  One place to find a criminal defense lawyer is our website, http://attorneypages.com

In some states, a successful trespassing prosecution requires proof that the defendant (you) knew that you were not permitted to be where you committed the offense.  If that's the law that you're facing, that part of the offense has to be proved beyond a reasonable doubt.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think getting a lawyer would be a very good idea.  I'm not a Texas attorney, and trespassing laws can differ in some details from one state to another.  Those details might be important here.  You might not be guilty, depending on the facts.  One place to find a criminal defense lawyer is our website, http://attorneypages.com

In some states, a successful trespassing prosecution requires proof that the defendant (you) knew that you were not permitted to be where you committed the offense.  If that's the law that you're facing, that part of the offense has to be proved beyond a reasonable doubt.


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