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Criminal Trespassing Questions

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Old 04-07-2009, 02:24 PM   #1
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Default Criminal Trespassing Questions

Me and my roommate were walking back from the donut shop at about 6am, the morning after my 21st birthday. We decided to walk instead of drive so we wouldnt get in trouble. On our way back we cut through an apartment complex that is being built behind ours, as we walked out from the hallway of a building, we were met with two security guards. They called the cops, and demanded that we go to jail for criminal trespassing, even though the cop did not think we deserved it, because we were simply just taking a shortcut. Spent the night in jail, got bailed out for $500 each. This was on March 8. Yesterday my roommate recieved a letter saying that his charges were dropped on March 19, and he was able to come get his bail money back. I called the DAs office today, and they told me that as of today I was being charged for it. Can they charge one of us and not the other, when we were walking together, both got caught at the same time, and werent doing anything wrong?
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Old 04-07-2009, 02:36 PM   #2
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there's always 2 sides to a pancake, but from what i see here, you may want to contact the DA again and let them know that your buddy got his charges dropped.

call your buddy and ask him if he contacted a lawyer.
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Old 04-07-2009, 03:01 PM   #3
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you should have ran from those rent-a-cops...most of the time they are incompetent flunkies...
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Old 04-07-2009, 03:07 PM   #4
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Quote:
Originally Posted by 03Sssnake View Post
you should have ran from those rent-a-cops...most of the time they are incompetent flunkies...
+1

Unless they were armed security guards, what could they have done?
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Old 04-07-2009, 03:09 PM   #5
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Originally Posted by 03Sssnake View Post
you should have ran from those rent-a-cops...most of the time they are incompetent flunkies...

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Old 04-07-2009, 03:45 PM   #6
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He did not have a lwayer, we both got bailed out at the same time, and have been patiently waiting to hear about our cases. I checked their website, and I seem to have a warrant out for my arrest now for some reason, but no court date set? The were armed, and we should have ran, but we were caught completely off guard, and by the time we realized what was happening it was to late.
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Old 04-07-2009, 04:23 PM   #7
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Was the site clearly marked with NO TRESPASSING signs?? If not they can only give you a warning and issue a no trespass ticket though the police, then you go to jail if you are caught there again.
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Old 04-07-2009, 05:06 PM   #8
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The security guard said there was, but we never saw any. We walked through a huge gap in the fence. The fence should have been enough for us to know better, but we had been drinking and and just didn't think about it. I just don't see how they let one of us off, and charge the other.
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Old 04-07-2009, 06:32 PM   #9
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don't want to type it out so....search penal code 30.05 "criminal trespass" IT explains what constitutes an offense...
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Old 04-07-2009, 08:27 PM   #10
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Originally Posted by Rare98Ragtop View Post
Was the site clearly marked with NO TRESPASSING signs?? If not they can only give you a warning and issue a no trespass ticket though the police, then you go to jail if you are caught there again.
x2 what this guy said, i would take pictures of the signs or lack of signs...or take them all down and say they werent there and prove it with pics...
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Old 04-07-2009, 10:35 PM   #11
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i hope it works out for you cause i got charged with criminal trespassing and its a class A misdemeanor and i lost out on about 3 good jobs cause of it! It sucks!!
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Old 04-08-2009, 02:21 AM   #12
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i hope it works out for you cause i got charged with criminal trespassing and its a class A misdemeanor and i lost out on about 3 good jobs cause of it! It sucks!!
Thanks man, on the website it says the charge is a class B misdemeanor.
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Old 04-08-2009, 02:38 AM   #13
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Take pics of the area and fight it as best as possible
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Old 04-08-2009, 10:59 AM   #14
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+1

Unless they were armed security guards, what could they have done?
Even if they were armed they cant shoot you for running.
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Old 04-08-2009, 07:13 PM   #15
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If they don't drop charges, take it to trial. If you take it to judge/trial and explain that oyu din't know and were not warned, didn't see any signs, and were more than happy to leave prior to being detained by a rent a cop, 95% sure you'll beat it. Not to mention, if the DA sees your not backing down, eventually, they will most likely drop it. It's not worth thier time to prosecute.. Hope this helps.
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Old 04-08-2009, 07:17 PM   #16
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Criminal Trespass is a class B, not an A.

you went to jail on a charge of Criminal Trespass right !?!? in the morning you talked to the judge, right !?!?

you paid someone to "bond" you out, right !?!?

you were supposed to have went BACK to court on those charges. did your buddy go back to court afterwards !?!? not sure why you would have a warrant unless you missed a court date.

and why haven't you talked or gone into the DA's office and explained everything to them !?!?
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Old 04-08-2009, 07:21 PM   #17
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Correct, class B. Certain criteria needed to make class A. does the property have a notarized affidavit for CT? Just contact Da. Fight it, You'll win if what you stated about the event is entirely accurate.
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Old 04-08-2009, 08:47 PM   #18
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Criminal Trespass is a class B, not an A.

you went to jail on a charge of Criminal Trespass right !?!? in the morning you talked to the judge, right !?!?

you paid someone to "bond" you out, right !?!?

you were supposed to have went BACK to court on those charges. did your buddy go back to court afterwards !?!? not sure why you would have a warrant unless you missed a court date.

and why haven't you talked or gone into the DA's office and explained everything to them !?!?
My friend never even went back to court, they just mailed him a letter saying it was dropped. I called the DAs office and they told me that they could only talk to an attorney out of the courtroom, not the defendant. I checked out the site again today and a court date has been set and it says no warrant issued, but it also says there is an affidavit for warrant. I'm going to hire a lawyer and try to take care of this as soon as possible.
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Old 04-08-2009, 09:43 PM   #19
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Taken from the State of Texas Penal Code:

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

An offense under Subsection is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:

(1) the offense is committed:

(A) in a habitation or a shelter center;

(B) on a Superfund site; or

(C) on or in a critical infrastructure facility; or

(2) the actor carries a deadly weapon on or about his person during the commission of the offense.
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Old 04-08-2009, 09:52 PM   #20
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at first i thought i was crazy when i read that he got taken to jail with no REAL justification.

i mean, i thought that you had to be issued a written Criminal Trespass Warning before you could actually COMMIT Criminal Trespass.

not sure what the cop was thinking when he showed up on scene, but like i said, there are 2 sides to a pancake. maybe he did ya'll a favor and took ya'll in for CT instead of Public Intoxication.
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