Q I was arrested in Houston for trespass, what does that mean? A Harris County criminal defense lawyer explains
Criminal trespass in Texas is potentially a Class A or Class B misdemeanor depending on where you are accused of trespassing. The crime carries potential jail time and the possibility of branding you with a criminal record. The crime is committed when a person enters or stays on property, including a vehicle, of another without consent or enters and remains in a building of another without their consent. It is not enough that you are found somewhere that an owner does not want you, the law states that you also must have had notice that entry was not allowed or had received notice to leave and failed to do so. This notice can be in writing or speaking, by a sigh posted on the property or by a fence that is obviously designed to exclude others. The prosecutor’s have the burden of proving these elements and it is not always an easy task if you have a defense attorney representing you who will make sure they can prove each element. Police officers are sometimes too quick when charging someone with this offense and later the prosecutors may have issues proving each of the elements to show a trespass occurred. While all cases are different you deserve an attorney who will defend your rights and will not talk you into accepting a plea and will only advise you to consider it when all other avenues have been exhausted. Our offices are in Houston, but we represent individuals in Galveston, Brazoria County, Fort Bend County, Montgomery County and other surrounding counties. If you or someone you know has been charged with criminal trespass please call us for a free consultation at 713-651-1444 or fill out our secure online contact form.