What is trespassing?
The definition of trespassing is entering or remaining on someone′s property without permission. You′ve probably seen these signs like “Private Property”, “Do Not Enter” and “No Trespassing” on vacant lots, wooded areas, abandoned houses or near factories. If there′s a sign posted (whether you see it or not), or if you′ve been told by the owner not to be on the property, this is considered adequate notice. Disregarding these rules can result in a charge of trespass, which is a misdemeanor.
- In Hawaii, no minors are allowed in dance halls where paid partners are available.
- If you′re caught peeking into someone′s window in South Dakota, you′ll be explaining why to a judge.
- If you′re under 16 in Washington, you must be with a parent or guardian at an outdoor music festival. If you′re not, you could be charged with trespassing and/or a curfew violation, depending on the time of day.
It′s not always necessary to post a “No Trespassing” sign. If the owner of the property or a security officer tells you to leave and not return, that′s enough notice . If you return, you′re trespassing. If you′re disruptive at a mall and a security guard tells you to leave and not return, you must do so. As long as you′re not excluded based on race, gender, religion, or disability, the restriction placed on you is valid.
Other places that are off-limits include mines, railroad cars and tracks,and fenced commercial yards. If a property is fenced, it′s a good indication that you need permission to be there. This includes fenced property in rural areas where you might want to hunt or target practice. Places that aren′t as obvious include your neighbor′s yard or pool, school grounds when school is out, or church property and parks when they′re closed. Someone′s car or garage are off limits, unless you have permission. If you′re ever in doubt about whether you′re trespassing, keep your eyes open for posted signs or ask for permission from the property owner.
This post was written by Tom Jacobs. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
I WAS AT MY HIGHSCHOOLS TENNIS COURTS LATE AT NIGHT PLAYING AND WAS APPROACED BY A POLICE OFFICER AND HE INFORMED ME THAT I WAS TRESSPASSING AND THAT I COULD BE ARRESTED FOR USING THE TENNIS COURTS ITS A PUBLIC SCHOOL AND THERE IS NO SIGN SAYING THE COURTS ARE CLOSED AT A CERTAIN HOUR ONLY A SING SAYING TO TURN THE LIGHTS OFF AFTER USE IS THERE ANY TRUTH TO THIS WHAT SHOULD I DO? I WORK DAYS AND NIGHT IS THE ONLY TIME I HAVE
Judge Tom’s response:
Since you’re a student at the school, the tennis court hours may be in your Student Handbook. There doesn’t always have to be a “No Trespassing” sign if another method of notice is provided. Plus now that you’ve been told by the police, if you return after-hours, you may be cited. Check the front office to get the exact hours and days you can use the courts. Explain your work situation and maybe you’ll get special permission to be there at night. Good luck.
My 17 year old friend drove around a locked gate (did not cause any damage) onto a field while I was with him in the passenger’s seat. I am 18. We sat in his car for a while just talking until an officer approached us and told us that we should not be there and ran our licenses then gave them back. He told us to leave and have a good night. If we didn’t receive any citations or anything and he didn’t mention any charges on the spot is that the end of it or could we still be charged with something through the mail?
Dear Anonymous: It sounds like you may have gotten lucky this time with just a verbal warning. Although it’s possible to receive a notice in the mail from the court, it’s unlikely since the officer did not issue you a citation or tell you that you would receive one in the mail. The next time you may not be as lucky, so we hope you learned from this incident. Good luck.
[This is information only - not legal advice.]
My son was climbing up on top of the high school that he is enrolled in. Someone called a school official and they called the cops and went to the school. They saw my son and asked him to come off the roof and then told him if he did they would not charge him. So he comes down and they charge him with trespassing. There was no damage done and they were essentially just bored and “rock climbing”. There is no fence or posting and in fact my son has access to a key to the school because he opens the weight room. I am not sure he thought what he was doing was unlawful, pretty sure he knew he shouldn’t be there, but not unlawful.
Dear Amanda: Trespassing doesn’t always require a billboard-size sign designating an area off limits. Common sense tells most people that roofs are not for public use. The fact that he didn’t damage anything or that he had a key to a certain area of the school doesn’t exempt him from responsibility for what he did. Good luck – hopefully the next time he’s bored, he’ll think about consequences before he acts.
[This is information only - not legal advice].
My girlfriend and I went on top of a school the other day. We were just bored and wanted to enjoy the view from up there. Now that I think back to it, it was a really dumb idea, and I deeply regret it. A cop found us there, took our info, and called our parents. Our furious parents came to pick us up. The cop told us three things could possibly happen. One: A “slap on the wrist,” or a simple warning. Two: a several month long class on decision making. Three: we could be charged with trespassing by the school, go to court, and have a record. My question is, what will the court do with us? Community Service? A fine? Also, what is the possibility of each outcome? Am I more likely to be charged, or just get off the hook and get a simple warning? Oh, and here’s some more useful info: we’re both 16, we didn’t damage any school property, and no one was hurt.
Dear Anon: What will happen depends on your local prosecutor and court. If trespassing charges are filed, it’s likely you’ll be offered diversion meaning upon completion of work hours, a class or counseling, the matter will be closed. Either way, you’re not likely to have a record, and if you do, you can ask for it’s expungment after a period of time, usually a year or so. Think before you do something like this again, especially as you approach adulthood. Good luck.
[This is information only - not legal advice].
Two of my friends rent a house together in NYS; one has decided that he has serious issues with the two of us that cannot be resolved, and no longer considers us friends. I have always previously made sure to act courteously towards him and to respond calmly and respectfully when he becomes confrontational, and I do nothing in the house besides hang out with my friends in the living room or my friend’s bedroom; unfortunately, he has decided that I am no longer welcome in the house at all. This is only place where my group of friends congregates on a regular basis, and consequently the only place where I can spend time with all of them. I have asked him what issues he has with me, and if there were any way we could resolve them; he will not respond.
My question is, does he legally have the right, as a tenant, to tell me I cannot come to the house for ‘personal reasons’ that he refuses to share, when another tenant wants me there and the house is open to all of our other friends?
Dear Lynn: You’ll have to look to the local landlord-tenant laws about this, as well as the lease signed by the tenants. The lease may spell out the individual rights of residents including permission to be on the premises when one tenant objects. Hopefully, you can resolve this for the good of all concerned. Good luck.
[This is information only - not legal advice].
My girlfriend has a son with her ex and he is allowed parenting time. He is supposed to be responsible for picking up and dropping off their son, but does not do it a lot of the time, forcing my girlfriend to do that. Sometimes we have been out together, so I have driven her to her ex’s house where she would go inside to pick up her son. He sent her a text message last time saying that he doesn’t want me there and if I do that again he will call the police for trespassing. The driveway is a shared one, I think for two duplexes. Could I actually get in trouble?
Dear Charles: That would depend on what exactly happens. If you’ve been warned not to be on specific property by the property owner and you return, that may constitute trespass under the local laws. It may be best to make other arrangements for the visits rather than risk legal trouble or an arrest. Good luck.
[This is information only - not legal advice].
can a person take out a warrant for trespassing six months after the offense?
Dear Angel: Every state has what is called a “statute of limitations.” That is a time period after a crime has been committed for charges to be filed. Usually misdemeanors have up to a year or two, while felonies may have longer periods. Murder has no statute of limitations – the charge can be filed anytime after the death, even 50 years later. So, in answer to your question, trespass charges can be filed within the time period allowed in your state. You can Google your state’s name and the words “trespass statute of limitations” for more about this. Good luck.
[This is information only - not legal advice].
I was wondering if you sign a “trespass” for the store, What does that mean? Does it mean you can’t go to the store the rest of your life or what. I don’t understand the term.
Dear Mom: When a store “trespasses” you that means you can’t return to the store for the time you were told. It may be stated on a document you were given at the time or you may have been verbally warned and told the time the trespass would be in place. If you’re not sure, call either the store or their corporate headquarters and ask. If you return to the store while the trespass is in place, the store can notify the police and press criminal trespass charges against you. You may find more specific information about this by Googling the name of your state and “trespass warning.” Good luck.
[This is information only - not legal advice].
My friends and I were sitting and talking on a school playground at midnight. A cop came by and took our names and DOB. I was curious as to what happens. She said she didn’t have a problem cuz we didn’t know but if it happened again she would. So is this considered a misdemeanor on my record or what?
Dear Fred: It sounds like just a warning this time. If she didn’t give you a ticket or notice to appear in court, there’s nothing to worry about. You don’t have a record from this incident. She took your information in the event she sees you again out after curfew. Good luck.
[This is information only - not legal advice].
I’m a pastor, and a man in my church has been working with several families in a low-income apartment complex with great results. Sadly, two months ago, one of the young families we were helping received an eviction notice. We consulted a lawyer in the church, and he discovered fraud in the lease contract that was perpetuated by the apartment manager (we still have this fradulant document). Two weeks ago, the complex began a mass eviction process, sending letters to several tenants. We believe this process is unjust, as many of the evictions stem from false promises and frauds committed by the old apartment manager (the same one who fraudulantly signed the document). In trying to assist a specific young family, the man from my church went door-to-door in the complex asking residents if they had any similar experiences they wanted to share as he was collecting evidence. At court that afternoon, the attorney for the complex was made to look very foolish, as he could not remember the name of the former or current apartment manager nor could he describe the subsidary program used for the tenants in that complex (nor could the current manager or her boss who were also present). However, the very next day, this man from my church received a ‘no trespass’ warning from the complex stating that he is not welcome on the property. This is very disturbing, as he is involved with several families, helping them in very practical ways on a near daily basis (food, rides, repairs, spiritual advice). Moreover, it seems like a clear case of using trespass law to retaliate for gathering evidence. We live in Ohio. What can this man do to contest this ‘no trespass’ order? I have researched Ohio case law, and a 1996 case shows that if a tenant invites a person onto the property, their presence cannot be considered trespass even if a trespass warning from management is issued.
Dear Pastor Dale: First, we must inform you that Askthejudge.info is a teen-law website. We don’t provide legal advice to anyone, adult or teen. We can suggest that you consult a local landlord-tenant association or attorney who specializes in landlord-tenant law. The statutes that apply to landlords and tenants law must be studied as well as the contract signed by both parties. Good luck.
[This is information only - not legal advice].
Me and my friend were bored one day and decided to climb on a roof of an apartment building in our apartment complex. Apparently a lady who lived in the upstairs home didn’t like hearing us on her roof so she called the cops. I was 13 at the time and the officer told me I now have a record for the rest of my life, what did he mean?
Dear Chase: If you didn’t receive a ticket or go to court, then you don’t have an official record. The only record of the incident may be with the police department in the event you got into more trouble. The officer may have been trying to put a scare into you. Hopefully you’ve been law abiding since then. Good luck.
[This is information only - not legal advice].
Hello, me and my 3 friends took a shourtcut through a old peoples home thats been closed for years and is borded up, we went through loads of bushes and then stepped over a broken fence we were walking thruogh the old gardens around there, then a security guard or somebody with an earpice in asked what are we doing tresspassing and we told him we were taking a shourcut he said there had been brake ins so he took our names and said he would be in contact with us and he said he had the police on the line because he heard people brakeing things (us waliking over old fence)he never took our phone numbers just names but knew we were from the loacal area, he wrote the names down and told us to get out of here then said something to someone on the line (possibley police) not sure though, could i be in trouble? if so what could happen? im very worried.how long will it take for them to be in contact or could they have let us off? please reply.
Dear Emlyn: It is possible that you may hear further about this incident. If you live in a small town where everyone knows each other, you could receive a notice in the mail to appear in court. The charge against you may be trespassing. Depending on the trespass law in your state, you may have violated it. Usually you have to be under a verbal warning not to be on certain property or there has to be signs posted declaring the area off-limits, such as a “No Trespassing” sign. If you end up in court and this is your first offense, you may have to complete some community work hours or take a class about following the law. Then the case will be closed. On the other hand you may hear nothing at all about this. Hopefully you’ve learned something from this experience. Good luck.
[This is information only - not legal advice].
I was skateboarding in a place where there where no signs about skateboarding or treaspasing or anything. You had to go down an asphalt bike trail to get to it but there was a fence that stopped people from falling off of a big drop, further down the trail the fence stopped and a trail led to the place we where skateboarding and a cop kicked us out and called it tresspassing. I want to know if it really is
Dear Austin: It depends on your state’s definition of trespassing. You could Google the name of your state and “trespass” to see how it’s defined. Usually signs are posted somewhere so they can be seen. Otherwise, even without a sign, if you’ve been told by someone in authority [a mall cop, for example] or the property owner to leave and that being on the property is trespassing, then you’ve been warned. If you return you could be charged with trespass. Good luck.
[This is information only - not legal advice].
Is climbing up onto the roof of apartment buildings you live at at 4am criminal trespassing?
Dear Anon: Most likely, it is. The roof of any building, public or private, isn’t a public area. Whether “No Trespass” signs were posted or not, common sense tells you you’re in a restricted area. You’d have to look to the legal definition of “trespass” in your state for the details. Try your state’s name and “trespass” on Google and you’ll find the statute. At 4 a.m. you could have also been cited for curfew if you’re under 18. Good luck.
[This is information only - not legal advice].
Can a homeowner call you a trespasser if you’re on a public sidewalk by their house? What if you’re on the lawn where a sidewalk would be if there were one?
Dear Dan: If the sidewalk is indeed a “public” walkway, then it wouldn’t be trespassing. You have to look for the legal definition of trespass in your state and what are public-use areas. If there’s grass where there would ordinarily be a sidewalk, that area could be considered private if the land is privately owned. It depends on a number of factors including whether an easement exists and the authority the person has who is restricting its use by others. It’s a good question because if a lawful owner tells you to stay off and you return, you could be charged with trespassing. Check with the city planning and zoning office for the exact boundaries of this property. Good luck.
[This is information only - not legal advice].
I have a few next door neighbor kids that are troublemakers and unsupervised. They are always on my property playing even after I have told them a minimum of 25 times and they’ve been told by the police to stay off my property. They have not caused any damage “yet” and I do have a no trespassing sign posted in my backyard which is visible. It seems a little silly to bring up charges just because they’re playing on my property but I’m trying to prevent any future damage they might cause. What can I do?
Dear Brandi: You could ask the police how best to handle this situation. Or post a “No Trespassing” sign in the front yard. Your wish to avoid charges or litigation is commendable. How about approaching their parents with a request that the kids not play in your yard? Good luck.
This is information only – not legal advice].
My ex boyfriend and I have been talking and going back and fourth between fixing things and when I moved into college he just stopped talking to me and I tried to contact him a few times. Since he works at a warehouse right behind my college I went up there and sat by his car to wait for him to get out so that he would tell me why he refuses to respond to me. His boss (the owner) came out and said “Can I help you?” And I said, “No I’m just waiting for Tom. He said “Okay.” and I said “Don’t tell him though cuz it’s a surprise.” and he said “Okay I wouldn’t want to ruin that for you.” and walked back into the building. A few minutes later the cops arrived. I have a friend taking a law class and she told me that since the owner/boss of the property did not give me a verbal warning such as “If you don’t leave the property, I will call the cops.” That it was illegal for him to call the cops because I was in the parking lot and I was not posing a threat, and it is a public store. She also said that since there was no verbal warning that I can sue the company for their actions. Is this true?
Dear Chrissy: Unless you were told to leave the property by the owner, it’s not likely you were trespassing. However, the owner of private property has the right to call the police at any time when concerned about a situation. In fact it is a responsibility of business owners to protect their property and employees. Not that you were a threat but precautions are legitimate. It’s the same as though you were concerned about someone you saw near your home that you weren’t completely comfortable with. Do you think you could be sued for notifying the police? Thanks for asking.
[This is information only - not legal advice].
i will tell you a little story and please tell me if i am in the right or wrong.. i have 5 children and took my oldest to work one leaving home my14yo,13,yo,12 and 11yo making sure i locked the door behind me. about 10minutes after i left the 13yo called me saying”someone is beating on the door and ringing the doorbell constantly” i told her to look out the peep hole to make sure it wasn’t the person staying with us. she said “NO its a black guy” i told her “don’t open the door and i will be there asap” within the next 10minutes i rec’d phone calls from the 14yo who was now in a state of panic because the person at my door was beating on it. i told her”hang up and call 911″ she did and i also call 911. i get to my house and there is a car in my driveway. in the car is the person whom i am letting stay at my house his mother and walking off my porch is a black gentleman whom i figured out was her boyfriend. he came off my porch and said “i am looking for (not his real Name) George” i said ” after the first 5 minutes of pounding on my door and scaring the “F word” out of my children didn’t you figure out he’s not here?” he said we(as in him and George’s mother) were told that he was here” i said “he’s not now get the “F word off my property because the police are on there way” he said “i’m sorry” and they left on the side of my feance is a NO TRESPASSING SIGN it is not my fault if they did not bother to look. Now i had to go to court and fill out paperwork for a warrant and took the police report with me. am i within my rights to have them charged with criminal trespassing in the state of GEORGIA?
Dear Michelle: Askthejudge.info is a teen law website providing information to teens about their rights and the laws that affect them. Therefore, we are unable to assist you with your question. You could try contacting your local prosecutor’s office and they will decide whether or not the incident warrants filing charges based on the facts and your state’s laws. Good luck.
[This is information only - not legal advice.]
I live in a two bedroom apartment with my boyfriend and a roommate. We recently had some problems with our roommate and are no longer talking. his new girlfriend and I so not get along. I said something to her outside of my apartment once. Then she started an argument and tried to fight with me inside my apartment, causing a disturbance in the hallway. I would like to know if i can put a no trespassing on my apartment so she cannot come to my apartment anymore and create problems. I live in Massachusetts, if that information is needed.
Dear Amanda: Read your lease carefully and see if this type of situation is addressed. You could also ask the apartment manager who might be familiar with Massachusetts law regarding landlord-tenant issues. You could also Google “Massachusetts trespass law” for specifics in what constitutes a violation. It’s an awkward situation since she is seeing your roommate. It might be best for the four of you to sit down and calmly work out your differences. Good luck.
[This is information only - not legal advice].
My roommate and I live in her father’s store. She’s in the back of the main building and I have my space next door in a smaller building. She recently moved her new boyfriend in, I don’t like him. I don’t feel “safe” in my home for various reasons – won’t go into them. I have asked her to tell him that he is not welcome UNINVITED into my space. I don’t pay any rent and my name is not on any lease for either buildings.
IF I catch him in my space uninvited, do I have any legal means to prevent him from entering uninvited?….I live in WA state.
Dear Christina: If your friend’s dad has given you permission to live there, then you may be able to make a complaint if your friend’s boyfriend enters your space without your permission. However, it really depends on the specific laws in your state. Perhaps you could anvoid any future disagreements by sitting down with both your friend and her boyfriend and set some ground rules for the 3 of you living together or near each other. You could also refer to the information on the following site or call their hotline: http://www.tenantsunion.org/rights. Good luck.
[This is information only - not legal advice.]
me and my friend we gt arrested for tresspassing (we are under 18) is it lickley we will get a record
Dear Todd: If charges are filed and you have to go to court over the incident, you may be offered diversion if this is your first offense. That means that upon successful completion of the program, the charges would be dismissed and you would not have a record. If diversion is not an option in your case, you will have an opportunity at some point after completing your sentence to ask the court to expunge or destroy your record. If and when you go to court, you could ask the court or probation officer about this. Good luck.
[This is information only - not legal advice.]
me and my friends were having lunch and messing around on this property that had absolutely no signs, ropes, fences, and/ or notification saying we could not be there. nest thing you know 3 cops and the owner of the storage unit across the street pull up. as the cops give all 17 of us tickets, the storage owner stands back like top dog and watches. this would not have been the first time we were over there and cops are always driving by practically watching and acording to the cops it wasnt the first time the guy had seen us. why did he call the cops that time? and can they really even fine us for it, since we werent verbally, physcally and notifically told not to be ther?
Dear Frankie: We don’t know why the guy decided to call the police that time, but it’s unfortunate that he didn’t give you some sort of warning. You will have to refer to the specific trespassing laws in your state for the exact language and what is considered a violation of the law. Private property does not necessarily have to be marked with “no trespassing signs” or some other type of marker, but again, this will depend on the specific laws in your state. Perhaps you could try Googling your name and “trespassing laws” for more info. If you believe that you were not trespassing, you (and your parents) could try contacting a local defense attorney for a free initial consultation. Good luck.
[This is information only - not legal advice.]
My Girlfriend and I live in College housing on campus for three years recently we had a domestic dispute and the neighbors called the local campus security. I have since been told by her that the college has given her a No Trespassing order for me and I am not to return to the property. I have lived there three years all my stuff is there and i have been convicted of nothing. The charge from them is “conducting myself in a manner that is unacceptable” Waht are my rights as a tenent ? I don’t want to push it as I don’t want her to lose her house which after her divorce went back to the college. but I also have had no time to find another place and move. It is a private college and She is paying $30,000 per year to go there it is her last year. I have been a past Alumnist,and have worked two different jobs for the college in the past, and am a member of the on campus Church as well. What are my rights with regards to this action? Much appreciated I am hiding out now calling on apartments as my car is used by her and her two kids to get around since hers broke down a year ago. They still need to personally serve me right? and or evict me? Thanks !
Dear Rob: Your rights as a tenant on campus are most likely spelled out either on the college’s website or in print form at the
student housing office. Campus police are oftentimes deputized police officers with the same authority as your local police. Generally, a no contact or no trespass order has to be served on the person who is prohibited from making contact. The law in your area may be different. Check with the campus police and ask so you don’t make things worse. You could possibly work something out with them to return at a certain time and day, when she’s not there, to get your belongings. Good luck.
[This is information only - not legal advice].
i was riding to my girlfirends house and i went down a path that was kinda muddy and privatly owned and a cop pulled up. and when he pulled me he said he would contact the mayor and see if the owner wanted to press charges or make me pay the cost of the damages to the grass they planted. if there is not any trespassing signs on the piece of property can he get me for tht
Dear Brent: It really depends on the circumstances and the laws of your state. Although “private” or “no trespassing” signs may be required to be posted, that doesn’t mean that they have to be posted everywhere. In other words, if a sign was posted in a location that you didn’t pass or didn’t notice the sign, it is not a defense to say that you didn’t actually see the sign. However, based on what you have described, it sounds unlikely that you will be cited for trespassing or have to pay for damages. Since the officer told you it’s private property, you should avoid it in the future, otherwise you could be cited for trespassing. For more information concerning the laws in your state, you could try Googling your state’s name and “trespassing”. Good luck.
[This is information only - not legal advice.]
My sister recently came back to her old high school to visit teachers. She came onto campus, but left soon after to go fetch the camera from her car. The police officer first warned her, then once she entered the campus again, arrested her for trespassing. All she wanted to do was visit her teachers and didn’t know that visiting hours were after 2pm. Her friends were there with her when she got arrested, but the police officer did not warn them or arrest them. I saw many graduates come back the next day after she was arrested, and nobody arrested or warned them. Will she be able to clear her name? Our parents are very strict, we make good grades, and this was a mistake more than anything else. Please give us some advice.
Dear Anon: If your sister has to appear in court, she can explain what happened and why. She may be appointed a public defender to represent her. If this is her first offense, she may be offered what is called “diversion.” Once she completes the diversion program the case will be closed and she won’t have a record. She can ask about this when she goes to court. Good luck to her.
[This is information only - not legal advice].
I was evitcted off of property. When I showed up, my ex-landlord, whom had a bigger problem w/ my fiancee then, was rude & made very serious false alligations aganist us & told me I wasn’t allowed on the property. The police (the alligations) questened everyone BUT US! What I wanna know is, can my landlord go on hearsay? & is it considered trespassing if im on the property outside, not inside? I have a friend whom needed my help, I left something of hers outside the apartment & left. I wasn’t even on the property a minute.
Dear Annon: We don’t provide legal advice to teens or adults since AsktheJudge is an educational website for teenagers about the laws that affect them. We suggest you Google the name of your state and the word “trespassing.” You’ll see the exact definition and what constitutes the crime. Also take a close look at your eviction notice to see what property (inside, outside, etc.) is included. The length of time is insignificant since trespassing isn’t limited to minutes or seconds. Good luck.
[This is information only - not legal advice].
I allowed a friend to house sit while I was out of town and they had a person over several times while I was gone without my permission. This led to this persons spouse coming over and pushing there way into my home causing some minor damage. The spouse also grabbed a knife and was removed from my home by the visiting spouse. Can I press trespassing charges after the fact on both of them? The spouse who pushed their way in had also climbed over a gate because we live in a gated community. What actions can I take? Thank you
Dear Clark: Askthejudge is an educational website for & about teenagers and the law. We don’t provide legal advice to adults or teens. We suggest that you speak with the police or county attorney’s office to see if what happened violated any laws. You can Google the name of your state and “Trespass” for a definition that applies to residents of your state. Good luck.
[This is information only - not legal advice].
I am a delivery driver. I was out on a rural route when I really had to go bad. I couldn’t take it anymore so I stopped at a random home to ask to use their bathroom. I knocked on the front door no answer. Looked like a car in garage and light on assuming someone was there. Side outside door going to what looked like a cellar was open so I went down to knock on that door. No answer, came back up outside door lady came home was embarrassed it was a lady so asked for directions. Left 30 seconds later came back because I crapped myself, she answered the door still couldn’t come to ask her to use bathroom. Went up the road threw my crappy undies in ditch and wiped up with some snow. Lady claimed to be missing something over the weekend cops investigated. I didn’t go into house at all. Am I guilty of something? Detective says they found their stuff. Whatever that was. Now my jobs at stake just based on what she said. Was told by a lawyer not to talk with det. I did offer to take a polygraph though. Can I be charged for this just because I was there?
Dear Jenny: The prosecutor will consider the facts and decide if a law has been broken, such as trespass or theft. Since you have a lawyer, he or she can answer your question based on the laws in your state and local ordinances. Follow his or her advice unless you have reason to not believe or trust him. If that’s the case, then speak with another attorney. Good luck.
[This is information only - not legal advice].
I was with my boyfriend in a park afterhours doing things we shouldn’t have. I admit to that and I knew it was prohibitted. A cop found us (luckily we weren’t doing anything at that precise moment) and said one of us was going to jail (I’m sure just to scare us. And boy did it work! I burst into tears!). I am 20 and he is 26. He ordered us each, what I think, a citation. We are simply not allowed back into any city parks for 24 hours. If we are found in a city park (either of us, together or seperate), we will be charged with trespassing. What I would like to know is will this go on my record, will it show up on a background check, and, if so, what will it show up as? Neither of us have ever been in any trouble. I’ve only been pulled over once in my life. He’s had only one speeding ticket and a couple parking tickets. We’ve already made the decision that this will never happen again. However, I’m still scared my family will find out somehow. Can you give me the answers to my questions? Please.
Dear Meg: It sounds like you got lucky this time by receiving a warning and a verbal order to stay out of the public parks for 24 hours. If you did not receive a citation ordering you to appear in court or pay a fine, then the incident should not appear on your record. If you don’t comply with the verbal warning/order, then you may be arrested and charged with trespassing which would appear on your record. We’re glad you and your boyfriend have learned from your mistake and won’t have to worry about being arrested/charged with trespassing.
[This is information only - not legal advice.]
I got arrested for tresspasing on school grounds me and my friends went to an elementry school to skate around we saw an open window so we went inside hoping to cool off and maybe find some candy the cops came and arresred us the changed the crime from a felony to a misdemeanor tresspasing im wondering what will most likely happen to me and my friends in court i live in FL and im 14
Dear Matt: If this is your first offense, you may be offered a diversion program, which means that if you successfully complete the terms of the program, the case will be closed and charges dismissed. If diversion is not an option, you are likely looking at community service, possibly having to pay a fine and/or restitution and attending a class. Remember that the consequences will increase for a second or additional offense, so we hope you learned from this experience. Good luck.
[This is information only - not legal advice.]
OK i was riding my bike down a railroad track minding my own business then all of a sudden i get stopped by a civilian car with police light inside the car and told to stop so i did. I was asked if i knew i should not be here i told them i did not know because there are no signs stating it is private property or no people allowed these guy were sheriff offices but they did not have their uniform just normal casual cloths and they did not show no badge except for one guy who had it as a necklaces they said if i ever got a ticket i replied no but in the end i still got a ticket for trespassing so i got no warning what so ever no sign on either side of railroad telling no people allowed. I am a 19 year old guy, is what they did right for trespassing?
Dear Mark: When you go to court for the ticket, you can explain to the judge what happened. Google the name of your state and “trespassing laws” for the details that would apply to you. Just because you didn’t see a No Trespass sign doesn’t mean you didn’t trespass on railroad property. There may have been a sign nearby that you didn’t see. The person who ticketed you may be an official with the railroad authorized to issue trespassing tickets. Don’t miss your court date – the legal process will be explained to you by a court or probation officer. You may be offered diversion which means when you complete a class or community service, the case will be dismissed and you won’t have a record. Good luck.
[This is information only - not legal advice].
I just received a “Simple Trespass” citation in Hawaii for hiking in an off-limits area (Hawaii Section 708-815) owned by the state. There’s no fee assessed (yet) but there is a summons for a court date. Hawaii law designates this as a “violation”, versus a misdemeanor, etc. I believe this is the same as an “infraction” in other states.
Pending the judge’s decision, how will this affect me? If it’s a small fine, I don’t really care. I’m more concerned about what would be on my record, especially being in the military currently. Is this on par with a parking or speeding ticket?
Dear A. Smith: You may be offered a diversion program which means that if you successfully complete the terms of the program (pay a fine and possibly complete community service hours), then the case would be closed and you would not have a record. If Hawaii treats these types of trespassing tickets like parking tickets, then you may just have to pay a fine and the incident will not appear on your record. You will find out more when you show up for your court appearance and have the opportunity to find out whether the incident will appear on your record. Good luck.
(This is information only – not legal advice.)
One of my neighbors came to my door to confront me after I turned him in for not cleaning up after his dog (on my property. He was furious and started using profanity as soon as I opened the door. He wouldn’t stop ringing my doorbell, and was yelling at me through the door. I called 911, and made the mistake of opening the door to tell him the police were on their way. By this time he was yelling from the street, but he began running towards me as soon as I opend my door. I never lest the inside enryway of my home. He got all the way up to the porch, where I pushed him back to prevent him from coming inside my home. The cops came and went to his home and arrested him for trespassing, and now he is claiming I assaulted him. Since I never left the inside of my hosue and he was trying to enter, wouldn’t it be considered self-defense?
I apologize for all the typos in my above comment…I was in a hurry
Dear Julie: Askthejudge is an educational web site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. If you get charged with assault, you need to discuss this with a lawyer. Whether you have a self-defense claim depends on the facts of the incident, what is contained in the police reports, and the laws in your state. Many criminal defense lawyers provide a free consultation for 30 minutes or so. Ask about this if you contact a law office. Good luck.
(This is information only – not legal advice).
The other week myself and 3 other friends were looking for something to do one night. We decided to check out this building that we would always pass and never knew what it was. We never went inside of the building. When we got there, we parked right off the road in a driveway up to the building. There were no “no trespassing” signs anywhere around the building on either side. We just wanted to look around the outside and possibly come back to take pictures for my band. As we walked back to our car, there was a cop pulled up, searching through the vehicle. As we walked up to him we explained that we were only walking around the building to check it out (also there is a sidewalk around the outside so it was not a sucluded area.). He explained to us what the building was and told us we were trespassing and our vehicle was parked on private property. Two more police officers showed up, frisked us, searched our vehicle and went through all of our stuff to find we were not doing anything such as drugs or alcohol (note we are all good kids and work together). It ended with the cop explaining that we were trespassing and he was notifying the owner the next day. The cop did not give any warning and told us we were basically getting fined. When I recieved the notification in the mail, the police officer said he was citing us for “defiant trespassing” and that we were “trying to gain access into the building” when we told him that we were NOT, and that they did not see us around the building at all. We were only bored and walked around the building, but the police officer is trying to get us for trying to gain access into the building. I went back to take pictures of the building where we parked to show proof that there were no signs posted where we parked. The cops did not catch us in or on the building property, only found our car, and when they first found us we came walking up to them from the sidewalk. I was told that I should take this to court and fight it by mulitple sources. Thank you
Dear Justin: Discuss this with your parents. Together you can look up your state’s definition of “defiant trespassing” and see if what you and your friends did, fits the case. You’ll have a chance when you go to court to fight the ticket. We can’t give you legal advice or tell you to admit or deny the charge. Your version of the event, however, is one that should be explained to the judge. Good luck.
(This is information only – not legal advice).
7 other people and me got caught on the eight floor of our dorm building. we all got a citation for 3 degree criminal trespassing. my question is whats likely to happen in court? will this be on my record? any way i can get off with a “slap on the wrist” since its my first offense and not have it go on my record? im in arizona
one more thing the court date isnt till 3 months from now. have i been charged? what should i put on a job application if it asks if i have a criminal record? this was all last night so yea im nervous
Dear Daven: You don’t have a criminal record at this point. Since this is your first offense, you’ll probably be offered diversion. When you finish the terms of diversion, the case will be dismissed and you won’t have a record. Don’t miss the court date or a warrant can be issued for your arrest. Good luck.
(This is information only – not legal advice).
Can a neighbor actually tell a child that they cannot ride their bike on the sidewalk in front of their house!??!? I heard a woman today tell a neighbors son (10yo) that he needed to stop riding his bike on her sidewalk (the one between the curb and her yard). This is a HOA owned property…a community which has an elementary school in it! I think these people just need to move to the edge of the earth away from all other human contact. Why they chose to live in a “neighborhood” with neighbors…I will never know!
Dear Jenni: Check your HOA rules and regulations. The CC&R’s you received when you moved into this HOA neighborhood spell out everything possible about the restrictions imposed. The sidewalk is most likely common property for all residents to use. This particular neighbor may not like kids or bikes but the child may not be breaking any of the rules. Work toward a peaceful solution to this since you’re stuck with one another until one of you moves. Good luck.
(This is information only – not legal advice).
If my neighbor had some trees cut down from her yard, but one of the trees fell in my yard, breaking some yard items, and damaging the ground (holes & branches buried in the ground, partially sticking out, can I press trespassing and property damage charges against the company/owner? I wasn’t home when this happened and had no idea the trees were going to be cut down.
Dear Rita: AsktheJudge is an educational website for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you resolve this with your neighbor before considering legal action. If that doesn’t work, then you may want to discuss your rights with a lawyer. Good luck.
(This is information only – not legal advice).
i recently got a trespassing ticket a few weeks ago. i have a court date set but the officer said that if i paid my fine before my court date, i wouldn’t have to attend court. is this true? because i know people who’ve had this issue and got screwed over and the police lied to them about it. what happens if that’s my situation?
Dear Brittney: We can’t say whether it’s true or not. We suggest you call the court, explain that you received a ticket and see if payment of the fine excuses you from appearing in court. When you call, get the name of the person who answers your question. Good luck.
(This is information only – not legal advice).
A few years ago I was passing by this mobile home in my neighborhood on my bike and noticed A older man having trouble putting some things up in his rafters of his garage So I stopped and helped him out,We shot the breeze and had a couple of beers and after about 2 hours or so I left,a few days later the guy was claiming that I stole his car keys and let myself into his house because He found a pop tab in his couch which I happen to save for the Ronald McDonald house. Now in a couple of weeks the guy who made these vicious claims is renting the mobile home to a friend of mine and his ex wife and they claim he is going to have a no tresspass order put against me So I cannot come anywhere on the property,can he have this put against me with such circumstantial evidence,and what would happen if I refuse to sign the no tresspass order when a cop comes to my house and serves it to me? The only thing I did was wrong was help this A-hole.
Dear Nate: In most jurisdictions across the country, when you are served with a restraining order by the police, you have an opportunity to fight it. Ask the police officer about this when you’re served with the papers. You usually have a certain number of days to notify the court that you object to it and a hearing will be set. You don’t necessarily need a lawyer for this. You appear at the hearing and explain to the judge why you object to the restraining order. The judge listens to both sides and then either throws it out, keeps it in place or modifies it. Whatever you do, if the order remains effective, don’t violate it. Otherwise you could be found in contempt of court and be facing some jail time. Good luck.
(This is information only – not legal advice).
My daughter 16 y.o. daughter got a citation (TX) for criminal trespass after a report came in of a bunch of teens in an old building. Kids were caught breaking things in the building but she wasn’t involved in that she went in looking for her brother after being told he was in there. A few minutes after entering Cops busted down door, guns drawn cuffed her as well as most of the other kids. Yelled at her and her friend to shut up because they were crying searched her and her purse. Issued her a criminal trespass citation after she gave names of kids breaking out windows then let her and other kids walk back to school. School called me not officer. What will happen to her? She has to show in court next week.( her brother was not even in there) can she sign her o
wn citation, can police manhandle them if they did everything cop told them to? This is the first
time she has ever been in trouble.
Dear J.P.: Since your daughter has never been in trouble before, it is likely that she will be offered diversion. This means that upon successful completion of community service, payment of a fine and/or attending a class, the case would be closed and the charges dismissed. She can most likely sign the citation, but it depends on the specific laws of your state. Finally, you could try contacting the police department and request their policies/procedures for similar incidents and when offenses involve minors. You also could ask to speak with a supervisor to express your concerns about how the situation was handled. Best of luck to you and your daughter.
(This is information only – not legal advice.)
i told my brother repeatedly not to come on my property that if he did i would have him arrested for trespassing. he ignored me and did anyway we are going to court soon and i was wondering what could i expect in the court room the same night i discovered sugar in my gas tank and it cost me 400bux to fix. they granted me the warrent for trespassing but not the vandalism because i didnt see the sugar in his hand if i tell the judge is there any chance he will hold him accountable.
Dear Sherry: If you have a lawyet, he or she will explain to you the process when you go to court. If you don’t. the judge will explain to you how to proceed when your hearing starts. Basically, you’ll be given a chance to tell your side of the incident. If you have any documentation or photos, etc. in support of the trespass bring them with you. If he’s not charged with the damage to your car, it’s not likely the judge will hear evidence on that. Good luck.
(This is information only – not legal advice).
hi i recently went to my sisters ranch she has no fence and retrived mt car. she said i stole it from her and s threating to report it stolen and put me in jail. there is no paper work saying she paid for the car or eny thing can she send me to jail wat are the consequences i can exspect??
Dear Melony: If the police get involved they will want to see documentation regarding ownership of the car. Either the title, purchase contract, lease, etc. should identify the legal owner of the car. If either of you are arrested or charged with a crime, contact a lawyer or if you end up in court, request a public defender to represent you. You can also speak with a lawyer now about this situation. Many lawyers provide free consultations for 30 minutes or so and that may be all you need. Ask about this if you contact a lawyer in your area. Good luck.
(This is information only – not legal advice).
We have a neighbor that we share a driveway with and we do not get along. They have three girls ages 9 – 11 – and almost 13. They are constantly on our property and we have told them numberous times to stay of. Every time we tell them to stay off the property the parents call the police. (Glenolden, PA). The police say they can go on my property because they are kids. Yes they are kids that say F___You to me and my husband, give us the finger and the parents say the same thing. We have lived in our house for 6 years and we have put up with this. We have a NO treaspassing sign up and they just walk right over it. They don’t pay my taxes and they are not nice especially the parents. My husband and I are 20 years older than they are and want them off the property. What can I do.
Dear Debby: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We do not provide legal advice to teens or adults. We suggest you speak with a local lawyer about any remedies you might have. He or she may suggest a restraining order if that’s available under your laws. Sometimes the ignored pest goes away. Just like the bully who doesn’t get a rise from his target, moves on to another. Good luck.
(This is information only – not legal advice).
My friends and I were walking on some train tracks. A police officer approached us and told us it was illegal to be there, which we didn’t know. He told us we could face a 100 dollar fine. He let us go and told us to be careful walking back to the car. He did not ask for our names, or licenses. It’s possible he could’ve taken my license plate number. Can he use my license plate to fine me? Should I expect a fine in the mail?
Dear Chris: It sounds like you got lucky with a verbal warning. If the officer wanted to issue you and your friends a citation and have you pay a fine, he would have obtained your contact information and not just taken your license plate number as he doesn’t know who the registered owner of the car is. Now you know to stay away from the train tracks. If you do it again and get caught, then it’s likely you will receive a ticket. Good luck.
(This is information only – not legal advice.)
If a schoolmate (15-years) allows us, other schoolmates into the parents home, can the parents charge the schoolmates for trespassing?
Dear Bee: That’s a good question. It depends on the definition of trespassing in your state. Google the name of your state and “trespassing” to see what’s included. Usually trespassing requires notice that your presence in or on a certain property is prohibited. For example, if the parents of this schoolmate have told you before not to come to or enter their home and you do, that may constitute trespassing. Good luck.
(This is information only – not legal advice).
Juvenile summons was issued for my 16 y son. Tresspassing on the RR tracks.
It states that by law we are required to have an attorney. He has minor priors. What would happen if we show up without an attorney? Cannot afford 2 grand when he is pleading guilty anyway.
Thanks
Tmcooke1@comcast.net
Dear Theresa: If your son is indigent meaning he and his parents (you) cannot afford to hire an attorney, then a public defender will be appointed to represent him. However, public defenders are not necessarily appointed for every case including minor offenses (certain misdemeanors which may include trespassing). Try calling the court and ask a clerk about this as it is unlikely that you are expected to appear with hired counsel for your son. Good luck.
(This is information only – not legal advice.)
My 16 year old daughter & her best friend who is a 16 year old male were walking across the parking lot of the school that is behind our home. It was late at night and they were walking home from a friends who lives 3 blocks away (we do not have a curfew law in our small town which consists of only 3 roads and less than 6 blocks total). As they were crossing a car came upon them slowly (they only saw headlights) and then speeded up towards them. They started to run not knowing who was chasing them (no flashing lights, no verbal). The vehicle chased them thru a field (part of the school property that is directly beside the parking lot) and eventually stopped and started yelling out the vehicles window at them. My daughter stopped and looked back to realize it was a Police Officer (she finally saw the cars side with the emblem but still no lights flashing, etc). When the officer started to yell for them to come back or he was “sticking the dogs on them” she & her friend walked back up and she said “I did not realize you were a police officer….we thought some crazy person was chasing us”. Needless to say the officer was in a huff over this and seconds later 2 more officers arrived on the scene (he must have called in back up). The Officer than went on about how there has been vandalism at the school recently (someone spray painted a smiley face on the back of the school) and he knew she did it. She said she had nothing to do with that and they were simply walking home from their friends house who lives beside the school. The officer said she was being “Lippy”. After taking their information the police escorted the kids home, had me come out on the porch and informed me that they were citing her for Criminal Trespass. I looked over the laws (we live in PA) and went to the school to see the postings. The signs say the playground is closed from dusk to dawn. They were not near the playground nor were they anywhere near the back of the school where the vandalism took place a few days prior. They were in the front parking lot walking towards the road. The police searched them and found nothing. There was no breaking in, no vandalism, basically nothing happened to the school that evening. Neither of these kids have priors. I believe them when they said they ran since the officer came up the road slowly and then hit the gas, he had no flashing lights and they couldn’t see the side of the car with him directly behind them at night with headlights coming at them. One of my neighbors also saw the entire thing from his porch and said the Officer never put his flashing lights on. My question is should we contact an Attorney and fight this. I agree that we need to stop vandalism but 3 State Police, a car chasing them thru a field and a criminal trespass citation seems a little excessive for two kids walking home and being frightened by a strange car.
Dear Mr. Gibson: We can’t tell you how to proceed or whether to hire a lawyer or not. That is your decision. There are several choices here. Your daughter can plead not guilty when she goes to court and she may be appointed a public defender to represent her. Before going to court, you can contact a criminal defense attorney on your own to discuss what happened. Many lawyers offer free consultations (about 30 to 60 minutes) without any obligation on your part to retain them. It shouldn’t take more than that amount of time for the lawyer to assess the case and advise you. He or she may have a small fee for the initial consultation, but it may be worth it in this case for you to understand the laws that apply and your options. Good luck.
(This is information only – not legal advice).
I live in WA and my girlfriend and I split after living together for 9 months at my parents (economy). During this time period she did not pay rent, help with chores or buy food it was my parents income and my unemployment checks. Said she was coming to get her stuff (most of it was packed already), I packed the rest by the time she arrived. She entered the home unannounced along with 3 members of her family, who entered the home uninvited by my parents and who were subsequently asked to leave the home and property immediately and continually ignored the demand stating that the entry and porch were some sort of common area that they were legally entitled to be in as my ex had established residency. When I implied that they were trespassing I was told that they were going to charge me with theft of property die to the fact that I had taken computer components from her computer. I showed them receipts showing that I had purchased the case, video card and power supply and that by merely assembling my components with hers did not imply a $600+ gift. The computer was removed by threat from the residence along with a $400 ring that has yet to be paid off. A lot of our finances were joined but all the bills are in my name including a $1200 firestone bill to fix her car (which she stipulated in from of the store manager she would pay) and a current Verizon bill of $594 dollars which is her debt on my name/credit. When I called the Sheriff’s office non-emergency line, I was essentially told it was a bad break-up and nothing more could be done since she left the scene.
My questions are:
Is there any legality to backup the common area?
What if anything can I do about the bills/debt?
What other violations took place, how would I start to rectify what happened and any further information you offer.
Than you, Nate.
Dear Nate: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults. We suggest you speak with a lawyer about these issues. Many attorneys, especially in this economy, provide a free consultation for the first 30 minutes or so in hopes of being hired by the client. That may be all the time you need to in this situation. Ask about this when you call the attorney. Good luck.
(This is information only – not legal advice).
I live in Pennsylvania – I have certain people that I do not want on my property. I posted signs, clearly visible, on each side of my property. The other day, theses people came onto my property, entered my garage and proceed to remove items without permission. I emailed the parties and advised them that they had no right to enter my residence, that I have signs clearly posted and to not do it again. What are my legal rights if this were to happen again?
Dear Patty: We suggest you discuss this with a local lawyer to determine your rights in this matter. You can also take a look at the following post from the Pennsylvania Legal Aid Network in Harrisburg. Good luck.
http://www.lawhelp.org/documents/124111Brochure%2014_How%20to%20Keep%20Someone%20off%20Your%20Property_Brochure.pdf?stateabbrev=/PA/
(This is information only, not legal advice).
I dropped my son off at school one morning, and ended up getting into a verbal confrontation with one of the school teachers. I was later informed by the local police that the school principle had filed a no tresspass order against me. I was not taken to jail nor did i appear before a judge. It has been 9 months since the incident, and now my daughter will be attending the same school. The principle refuses to lift the order. Therefore, if something happens to my child during school, I can’t go on campus. How can I resolve this issue and can the school actually keep a parent from their child?
Thank you. I look forward to your reply.
Dear Mr. Hayward: You may have missed your opportunity to contest the no trespass order. If this is similar to a protective order, you usually have a period of time (10 to 30) days to fight it. A hearing is set and you go to court and explain to the judge your side of the story. Then, the judge either keeps the order in place, dismisses it or modifies it. The orders are usually in effect for a year or so, but can be renewed, in this case, by the principal or teacher. If you still have the paperwork, read it closely and see if it spells out your rights in responding to the order. You can also speak with a local criminal defense lawyer about this. Many attorneys provide a free consultation for the first 30 minutes or so and that may be all you need. Ask about a consultation when & if you contact a lawyer. Good luck.
(This is information only – not legal advice).
My family used to own a small business and the bank recently took it over. Mu uncle told me that if there is anything I need in the building to get it out now. So I went up there and used my key to open the building and I went inside to do my business and I come out to the banker who technically owns the building now. He asked me where I got the key and I told him I’ve had this same key since I was 14. I asked why if he didn’t want me there to change the locks. Am I trespassing on my own family businesses property if I have a key and entered the building but didn’t know I wasn’t supposed to be there
Dear Bill: If the bank now owns the business, you would need their permission to enter the property. You can check the definition of “trespassing” by Googling the name of your state and “criminal trespassing” for information. Every state defines this offense differently so reading the statute that applies to your situation is important. You can also contact a local lawyer and see if, under the circumstances of this incident, you violated the law or not. Good luck.
(This is information only – not legal advice).
We own the lot behind our house. There a house being built next to our lot. The property lines are clearly staked off. The builder has repeatly driven heavy equipment over the lot damaging the grass. They also placed building material on our lot. We called our realtor who in turn advised the builder that the lot was owned by us and to remove any materials and to stay off our property. We came home last week to a huge pile of rock on our property. Part of the rock was dumped on a trailer we have parked. The builder will not call us back and has the nerve ask our realtor “What is their problem?” To me this is trepassing! They have been told to remove what was left and to stay off. But we are the ones with the problem. We feel that they rock they dumped on our property is now ours!!!!
Dear M: AsktheJudge.info is an educational web site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults. We suggest you speak with a local lawyer about this situation. Many provide a free consultation for the first 30 mionutes or so. Ask about this when you call. Good luck.
(This is information only – not legal advice).
Around this time last month, my mother had gone to Las Vegas for a week. I called her one day and asked her if I could go to the house and do yard work for her, and she said yes. So I did just that, and left. The next day, I was bored, and called her again and asked if I could do yard work, and she said yes, but “all the doors are locked so you know you won’t be able to get in”. Ok, thats fine. I was sitting on the back porch, cooling off, and noticed that the back sliding glass door had been left UNLOCKED. So, it being my mother’s house, I let myself in. During this time, I had a few friends over and stayed at the house. I did not contact her though, because she would have been upset that I was in the house without her knowing. I cleaned the entire house for her though, and when they got back, that was their “evidence” for the police. I am now being taken to court by my mother for “trespassing”. Could you tell me what possibly might happen? Thank you.
Dear Ryan: If this is your first offense (appearance in court), you may be offered what is called “diversion.” That means when you complete community service work, attend a class or counseling, the case will be closed and you won’t have a criminal record. The legal process will be explained to you when you go to court. Don’t miss your hearing or the judge may issue a warrant for your arrest. Good luck.
(This is information only – not legal advice).
im 19, we were with some friends and we jumped the fence to this public pool in my community.. and the cops came i received a summon this is my first offense and ive never done anything like this before.. i just wanted to know if id be charged and have it go on my record forever?? i know it depnds on the judge and stuff but i mean would i be given community service since its my first time?? and i didnt hire a lawyer since i cant afford one..
Dear Saleena: Since this is your first offense, you may be offered a diversion program and given the opportunity to avoid a record by completing the terms of the program. Diversion often includes some community service hours and a fine. Many people do not have lawyers to represent them when they go to court for minor offenses like yours. You will find out what to expect and what you’re likely facing when you go to court and should have an opportunity to speak with a court or probation officer or the prosecutor. Good luck.
(This is information only – not legal advice.)
I will start w/ a story. We live in Ohio.
5(A, B, C, D, E) boys enter an abandoned & condemed building (door was open, but a diamond shaped sign from the fire department was on it(although the boys didnt know what it meant)). They entered the building to “explore”. 2(D & E) of the boys got scared as people seen them enter and they knew it was wrong to enter and because portions of the floor were caved as nothing appeared stable. The 2 boys went outside and waited for the other 3 (A, B, C)to get done “exploring”. When the 3 (A, B, & C) boys came out of the building they were screaming fire and running. All 5 now are running together to a local park in which the 3(A,B,C) told the other 2(D&E) that they started a fire. Boy (D) told the rest they have to go back to put it out. All 5 ran back. A, B & D enter the building to extingish the fire (C&E) stay outside scared to enter because of the amount of smoke. A, B & D threw liquid found in cans onto the fire (thinking they would smother the fire) instead they fueled the fire. Now these 3 boys run out of the burning building. All 5 again are running down the street and one calls 911 to report the fire anonymously. Obviously they were caught as they were seen by many. The detective told each of them they had to put a statement in writing or they were being taken downtown. As a parent I was advised the same and that the reports would be taken to a prosecutor who will be filing charges agaisnt each child in which would most likely be B & E and arson but they will take into consideration the honesty with the written statements in which parents were required to sign as a witness(or the child was going to be taken down town). Because no one was “under arrest” rights were not given (i believe that is why). Additional info:
Child A Only minor issues in past nothing involving courts just calls to police.
Child B A few previous records with courts
Child C a few previous records with courts
Child D No prior issues w courts, school etc
Child E No prior issues w courts, school etc
My questions:
Can child E truly be charged with Arson? There was no intent, in fact no idea that was taken place inside the building when they were outside. (and the written statements from all 5 boys coinside with one other).
What about the B & E?
What kid of charges should we be awating for child E? (I know it’s a guess)
I was also told a child does not have a jury option and when we go to court the judge will look at the written statment and detective statements and sentence accordingly. I’m confused, so does a child not even have a trial?
I am scared, my son is scared and can not afford an attorney and can not seem to get consistant answers to any questions and from what the detective stated this is major (as I would agree).
Any information about the process. What to expect. Even possible charges would be greatly appreciated. Thank you
Dear Becky: Once all of the police reports are sent to the district attorney, they will decide what charges will be filed and against which of the boys. They will take into consideration the statements the boys made and the statements of any witnesses to the incident. Once filed you’ll receive notice in the mail of a court hearing. When you go to court, a probation officer will explain the legal process to you. The boys may be eligible for “diversion” depending on their individual records and the court’s policies and prosecutor’s position. If they plead not guilty, a public defender or private counsel may be appointed to represent each boy. The possible charges may include trespassing, arson or reckless burning, vandalism and others depending on the circumstances. The boys may have a trial if they plead not guilty and aren’t eligible for diversion. Only a few states have juries in juvenile court. Usually the trial proceeds before only a judge. For more information about the juvenile court proceedings, Google the name of your court. Many courts have websites with information for the public. Good luck.
(This is information only – not legal advice).
Dear Judge Tom
My daughter Becky live in HUD housing in Minnesota. Over the last month and a half the caretakers granddaughter 18 yrs old has been harassing my daughter in many forms. I wrote to the management company the following
I Rebecca am writing to you with regards to Amber. I am making a “Formal Complaint” against Amber as she has been causing many problems for me on the property where I live at XXXX. I am beginning to fear her as she has began to become very hostile and aggressive towards me. Amber wont stop harassing me. I have been advised by the local police authorities to report this to you as well as obtain a “Harassment Order” on her (pending) as they cannot help me without this order unless they catch her in the act
Amber has committed the following acts on me between the dates of July 24, 2011 to August 17, 2011
1)Amber Entered my home without my permission while I was away to retrieve cigarettes, with the caretaker keys or through my window, Amber has frequently just let herself in my home whether I was there or not.
2)Amber Entered my home with caretaker keys while I had been napping and took the keys to my car and drove my car without my permission, she has no license
3)Amber Staged herself on my doorstep sitting on my lawn furniture with Stephanie talking to Mary and Mike she refused to leave, saying “Walk around me bitch, Cuz I aint moving”, and telling me to go kill myself, Amber and Stephenie would not move away from my door so I could enter my own home and continued to stage themselves there when asked to leave. I stayed at Kayla’s in unit 109 that night
4)Amber started arguing, yelling and screaming at me at the top of her lungs, her Grandma Renee the “Caretaker” removed her from harms way and got her under control
5)Amber has been verbally threatening/bullying me through words and text messages on a regular basis.
I have since had my number changed. Here are some examples
The specific messages have been deleted by AsktheJudge as they all contain profanity and lewd statements, which we do not publish.
I loaned Amber a cell phone that was my mothers, Amber refused to return the phone. Amber threw the phone in pieces out into the yard in the rain thereby destroying the phone, she has refused to return the battery and charger. A police report has been made, an officer witnessed the phone sitting in the rain as they were called by my mom to retrieve the phone. Possible Charges are pending. My mom gave Amber a note requesting she replace the phone. Amber tore it up and through it on my lawn. Her Grandma made her pick up the torn paper.
6)I suspect Amber dumped a large amount of soda all over my car, because of Ambers anger and hostility towards me
7)Amber has also allowed a felon criminal into my home while she watched my children for an hour or so on August 1 2011, I was very upset with regards to this person being in my home eating my food.
I stayed at Kayla’s that night because Amber became hostile towards me for being upset with her about having him at my home. I have asked her to not bring this person around my home in the resent past. He is somehow affiliated with her sons father. The next day 3 police officers showed up looking for him at my home, since this was the last place he was seen, the police advised this was a not a person you should have here, he is “Wanted” and bad keep him away from your children.
8)Amber is also demanding money from me and my mom for babysitting because my mom paid Mary so I could go to some job interviews, this is why she destroyed the phone. Amber text to me to go “F*** Y** pay me!” “ Go F*** yourself “ she would not return the phone till she was paid $40.00.
9)Amber is spending a lot of time (especially outside) at Mike and Marys my direct neighbor, I feel as though she is doing this to intimidate me. Mary and Mike have told me and my mom that Amber is trying to turn them against me and she is going to make everyone hate me here at the complex.
10)Amber said she is going to do whatever it takes to get me “Kicked Out”
11)Amber was issued a “Minor Consumption” on or about August 4 2011 at Stephanie Butlers
12)Amber ran from the police on August 13 2011 to avoid a second minor consumption
I am in great fear for my safety living here as well as my children’s safety due to these recent incidences. Amber appears to have a very bad temper and is starting to indulge in alcohol which is illegal for her. Amber is also smoking marajuana. Amber is getting involved with the wrong people and bringing them here. I need your help as I do not want to move, as I have been a resident for over 3 years. I like it here.
I would like to proceed with a “Formal Complaint” against Amber Lucas and ask you to issue a “No Trespass” order on Amber effective as soon as the family moves out on Sept 1, 2011 or sooner if possible. I do realize that Amber is a resident here too, however it is my understanding that come Sept 1, 2011 Renee will no longer be the caretaker here and it is my hope that Amber will be moving too.
I am following through with a “Harassment Order “ for me and my children that will be filled today August 18, 2011 on Amber to protect the safety of myself, children, home and property with the advise of Officer Schmitt given by Minnetrista Police Department. I do not know what else to do except to follow through with this request with you and the police.
It is my intention only to stop the harassment and bullying so that I may provide a safe, secure home for me and my family and abide and comply with state laws with regards to harassment.
This letter was faxed to the Management Company on August 17 2011. On August 24 2011 The management company issued a No Trespass Order on two of my guests an did NOT issue one on Amber. I went to the management company the following day (160 miles)to ask the are not helping me and allowing Amber to continue. They were very rude and threatened eviction should the No Trespass Orders be violated by my friends.
Do you have any advice with regards to this situation with the management company and No Trespass Orders? The complaint of my friends was that they were living here, which is not true. No other reason was given for the orders. The management company refused to issue one on Amber. Amber was staged on my property again last night 8-25-2011 HELP!!! Thank You
Candice
Dear Candice: We’re sorry to hear about your daughter’s situation. AsktheJudge is a teen law site where we answer teens’ questions about their rights and the laws that affect them. Although we do not know the age of your daughter, it sounds like this is more of an adult issue, but obviously victims of bullying and harassment can be any age. As for Becky’s friends and the No Trespass orders, she should let her friends deal with the management company if they want to challenge the orders. Your daughter has more to worry about at this point including keeping her and her children safe. It’s unclear whether she got the Order of Protection against Amber from the court, but that is what she should focus on. If there’s an Order of Protection in place and Amber continues to come around and harass her, then Becky could call the police and Amber could be arrested. Also, we suggest she cut off all contact with her on Facebook and block her, but save any of the mean and cruel messages to use as evidence in court, with the management company, etc. Best of luck to you and your daughter.
(This is information only – not legal advice.)
My friends and I drove on our teachers yard with a fourwheeler, a mule, and a dirtbike, and her irate husband came out and chased us down in his truck and purposefully slammed into my friend’s mule at a very high speed. The wreck messed up his truck and now they are saying that they might press charges for vandalism for the yard. The yard was barely harmed at all.
Dear Garrett: It does not matter whether the yard “was barely harmed”, if there was any damage at all, they have the right to press charges and you and your friends could be held responsible. It’s ultimately up to the prosecutor’s office whether or not to file charges. You and your parents could consider talking to your teacher and her husband, apologize and offer to pay for any damage. Perhaps if you accept responsibility and offer to remedy the situation, they will cool down and not feel the need to press charges.
(This is information only – not legal advice.)
Hello, me and a couple of my friends wanted to check out a construction cite in our town, so we did. We hooped a fence and looked around. Me and my friend Zack thought it was a bad idea and started to head back, but then we got caught by a security guard. He asked us what are names are and were we lived, and we told him. Then he told us to go away. We did, but our other friends got caught and they called us to tell me and my friend to come back, so we did. When we came back there were police men asking the others questions. One police officers took down our information and told us to get out of there. They said they would call us if anything was damaged or stolen. We didn’t take anything, and we all regret doing what we did because it was very foolish of us to ignore the law. I am wondering if they are letting us off with a warning or not because they didn’t press charges their. Also what would be my punishment since I am 18?
Dear Andrew: It sounds like you got lucky by getting off with a warning. The police probably wanted your contact information in case anything was damaged and so they will know to cite you if they catch you doing the same thing again. If charges are filed, you would receive a notice in the mail to appear in court. If that happened and this is your first offense, you could be offered a diversion program and given the opportunity to avoid a record by completing community service and paying a fine. Good luck.
(This is information only – not legal advice.)
Extension of posting on 08/24/11 @330pm. All 5 boys have been charged with Arson. Is there a min & max for time and fines, if so what? Also you mention diversion. Ohio does have a diversion program however is this something in which my son has to plead guilty too @ the arriagnment hearing first?
Dear Becky: Yes, every state has its own minimum and maximum penalties under the criminal statutes. Try Googling “Ohio arson laws” for specific information under the laws in your state. Keep in mind that if your son is charged in juvenile court, the penalties are usually less harsh as those given in adult court especially if this is your son’s first offense. He could be offered diversion depending on the facts of the case, his criminal history and the policies of the court/prosecutor’s office. Some diversion programs require that the person plead guilty or “admit” to the charges before entering the program, but again it will depend on the laws of your state and the policies of the court. You will find out more when he appears for his first court date and will have the opportunity to speak with a probation officer who can provide more information about the court process, the penalties your son is facing and what his options are. Good luck.
(This is information only – not legal advice.)
If I have a trespass and when I go to an interview and they do a background check will that violation include the place of violation and location? Or does it only show up as atrespass violation but no information along with it?
Dear Bernice: Most likely a background check would show that you have a conviction for trespassing, which court the charges were filed in and very limited information. It’s unlikely that it would provide specific information about the trespass including where it occurred. You could call the court and request a copy of your record so you can see exactly what appears on it. Good luck.
(This is information only – not legal advice.)
I live in a mobile home village.
One day when I was at work a neighbor and her son cut the entire front half of my 25-year old prized rose bush completely away and cut all the way around the bush.
They did not even ask permission to come on my property and do this.
When I found out who did it, I asked them why; and she said that her grown son pricked his finger on it and so they cut it down. All she said was, “Sorreee… won’t do again.”
I reported the incident to the park management and wrote an incident report.
They agreed that the bush was safely on my property and that it should not have happened.
What kind of legal recourse do I have if any? I live in California.
Dear Michael: Askthejudge.info is a teen law website providing information to teens about their rights and the laws that affect them (juvenile law). We suggest you contact a local civil attorney who handles property issues for further information and advice. Good luck.
(This is information only – not legal advice.)
My neighbor is trespassing into my yard,I have put charges on him/her, and I would like to know what will the police do know?
Dear Unknown: AsktheJudge.info is a teen law site answering teens’ questions about their rights and the laws that affect them. If your neighbor continues to trespass, you can contact the police, follow up with them and ask whether charges will be filed. Good luck.
(This is information only – not legal advice.)
i was walking home from a store and i cut though my old elementary schools parking lot and this light had a security system on it and it said it took my picture and told me to exit the property immediately it said something inbetween i couldnt hear what it said and i wasnt doing anything except walking through to get home and this has never happened to me before and i used to cut through here alot… p.s. this is in vancouver washington
Dear Tyler: There are many private and public properties across the country installing these automatic security devices to help fight vandalism and other crimes. You are now on notice not to go on the property unless you have a reason to during regular hours. Otherwise you may be charged or ticketed with trespassing. Good luck.
(This is information only – not legal advice).
what could the charges be for just walking through a school property and that security program on the light catching me doing nothing wrong except walk through?
Trespassing is defined as being on someone’s property without authorization, or after being told to stay away or not return. For example, if you’re banned from the mall for shoplifting or rowdy behavior and you return, you may be charged with trespassing. Google the name of your state and “trespassing” for specific information that would apply to you.
(This is information only – not legal advice).
Is there such a law forbidding someone to go back to the church that they have attended for 5 yrs?I have never caused any problems or been rowdy,but my pastor and his wife don’t like it because I speak my piece.They don’t own the church or the property that its on,right now they are leasing it from another church.How can you get 86 from God’s houe?
Dear Mary: It seems it would make more sense if you caused a disturbance or were disruptive leading to the pastor asking you not to return. Perhaps you could try talking to the pastor and his wife first about the situation and how it’s important to you to continue attending your church. You will need to look to the trespassing laws of your state and could contact the local police department or an attorney who handles trespassing matters to find out whether you have a right to continue going to your church. Good luck.
(This is information only – not legal advice.)
I’m sixteen and I got a trespassing ticket about a month ago. The cop also told me that I have to appear in court in order to pay the ticket, I’m wondering, do i need to show up with a parent or can i go by myself? I live in NYC
Dear Vincent: Most juvenile courts require a parent to appear with the minor. It’s the rare case where you can just show up yourself. If your parents can’t make it, they can make arrangements for an adult friend or relative to take you and explain to the judge why they couldn’t be there. Good luck.
(This is information only – not legal advice).
I’m sixteen and have been caught with a fire on someone elses land, i ran away from the owner of the land as he was shouting aggresively but i was later caught. I told the owner my name and where i go to school, he said he woud call the police and contact the school, whats likely to happen?
Dear Danny: If the land owner contacts the police, you may receive a notice in the mail to appear in court. The police could also contact your school in order to find out your address or to give you a citation. However, it’s possible that you will hear nothing more about the incident if the owner does not take any action. If you end up going to court and this is your first offense, you may be offered a diversion program and given the opportunity to avoid a record upon successful completion of the program. Depending on the amount of damage caused by the fire, you may owe fines and/or restitution to the land owner. We hope you learned from this as the criminal charges could be extremely serious when a fires gets out of control and causes a lot of damage.
(This is information only – not legal advice.)
Date 29 and it was 10am.I visited my old school which it was wheaton warrenville south high school, I was in that school when I was freshman so in my senior year, I wanted to visit that school which I didn’t knew their was a trespass sign in that school , no one warned me that their was a trespassing sign and return home so I just went in and tried to find my teachers,and also I was visiting my girlfriend, I was walking in hall way, going in restroom, I was doing this stupid things because, I love this girl dip ply from heart, also she was going to leave the country after a week so i wanted to see her last time then leave the school which it didn’t happen, I spend my time in hall way, in restrooms,I waited my love to get out from her class. I spented my two hours in this way, In third hour I decided to leave the school so I had to wait 30 minutes ,finally she got out from her class , we both walked to her room which it was third hour , after this stuff happened, I was leaving the school but the police caught me, I didn’t know what to say to them, I was trying to explain but they kept saying, I’m a lire. They were right, they asked my licence and other stuff. I was kind a scared and taught that they were going to do some to me so I lied by saying, ” I don’t have my licence on me and other stuff after a while I told them that I have my all stuff on me after that they taught i’m a lire and they taught that I was going to harm students in school but I only wanted to see my love for last time, I’m not a terrorist that can harm students in school. believe or not, I only wanted to see my love last time, I love all humans. How ever the policeman taked me in jail, after an hour. they taked my pictures, finger prints and other stuff. The policeman gave me this yellow sheet of paper and it said that I need to pay 1,500$ to all damages but I didn’t broke any thing in school or harm any one, and also the paper said that I might go to jail for one year,I don’t know what to do…..please some one tell me what to do, tell me please… whats my fault please tell me guys please….
Dear Kamil: Askthejudge.info does not provide legal advice to teenagers or adults. We suggest you speak with a lawyer about this situation before deciding what to do. When you go to court for the trespassing charge, you can plead not guilty and the court may appoint a public defender to represent you. Or you can contact a lawyer on your own to discuss how to handle this. Good luck.
(This is information only – not legal advice).
my creditor is stalking me and trespassing on my property. What can I do?
Dear Randy: AsktheJudge.info is an educational site answering teens’ questions about their rights and the laws that affect them. We do not provide legal advice to anyone – teenagers or adults. If you believe the creditor is breaking the law by harassing you and trespassing on your property, we suggest you contact the police about the matter and make a formal complaint. Good luck.
(This is information only – not legal advice.)
Hello,
I was leaving a sporting event a few days ago and got separated from my friends (we were all taking a bus together). I walked around for awhile – between various parking lots and buildings – and could not find them. They were my only way home.
Unfortunately, my cellphone was also dead. I did, however, have the charger on me. As I continued looking for them, I came across a building with an outside outlet. I plugged my phone in quickly so I could power up and find where they were. A minute afterwards, two cops showed up and told me to leave. They took my personal information. I did not receive any citation. The one officer said they would contact the property owner to see if he would like to press charges and that if I didn’t hear anything in 30 days, nothing would happen.
Dumb, I know. The officers were sympathetic to my situation and didn’t give me anything in writing. I don’t have a criminal record either.
Dear Jeff: More than likely, the police simply took notes of the incident and filed it away. They may have contacted the owner of the building but it would a surprise if he/she decided to press charges for the little power you used. If you do hear from the police or receive a summons in the mail to appear in court, you will most likely be eligible for “diversion.” Once you finish the diversion program, the charge will be dismissed and you won’t have a record. Let us know what happens, if anything. We like to share your experience with our readers if something comes of this.
(This is information only – not legal advice).
My friend and I were skateboarding in this apartment complex’s parking lot (no gates or fences) but there was a sign that said no trespassing, that we didn’t see but I’m sure that’s superfluous. A cop gave us both trespassing 1st tickets. I think he meant 1st degree but is there a possibility he meant first offense? Do they write “1st” for first offense? And is that actually 1st degree? (Missouri) And my mom thinks I should get it fixed because it will put points on my license but it didn’t involve a car so it can’t right? And if I plead guilty it will be on my record…forever?
Thank you
Dear Jake: It’s more likely that the “first” stands for “first degree” rather than first offense as the officer probably did not conduct a thorough criminal history check before issuing you the citation. Whether or not this incident will result in points against your license depends on the laws of your state and the policies of the Dept. of Motor Vehicles (DMV). Try checking your state’s DMV website for more information or you could contact your local DMV office. You may be offered a diversion program especially if this is your first offense and given the opportunity to avoid a record by completing community service, paying a fine and attending a class or counseling. Good luck.
(This is information only – not legal advice.)
I got a unknowing trespassing while hunting in SD $145 if I dont pay it this year or next but want to hunt in SD the following year dose my fine go up or transfur to another state or can I just pay $145 before I buy my SD hunting lic.
Thanks Brad
Dear Brad: Usually unpaid fines gather additional fees and penalties. We assume the same is true in South Dakota. Take a look at their hunting rules and regulations here:
http://gfp.sd.gov/hunting/regulations/default.aspx
We also refer you to this site covering hunting and trespassing – scroll down to South Dakota. You can also call the department and ask about this. Good luck.
http://realestate.findlaw.com/trespassing/select-state-laws-on-trespassing.html
(This is information only – not legal advice).
A friend of mines father has told me that if i return to his home that he will have me arrested for criminal trespassing however his mother has inveted me back what should I follow his fathers name is in fact on the home
Dear Justin: Since you’ve been put on notice by one of the homeowner’s to stay away, you could be trespassing if you return. You have to look to the specific trespass law in your state to see the exact definition. Google the name of your state and “criminal trespass” for information.
There’s no point risking arrest and charges by returning. You can see your friend away from the home. Good luck.
(This is information only – not legal advice).
Two nights ago a man allegedly saw me and my friend jump a fence to a highschool football game. My friend and I were approached by our school’s principals who questioned us. And threatened with tickets if we didn’t say that we jumped the fence. Can we be charged if the poilce get involved?
Dear Krystina: Depending on the circumstances and whether you were banned from attending the game, it’s possible that you could be charged with trespassing if the school/principal decides to press charges and refer the matter to the police. However, if the principal has not taken any disciplinary action against you and your friend and did not say that the police would be involved, then it’s unlikely that you will be charged.
(This is information only – not legal advice.)
Hi,
Three of my friends and I were on the roof of my friend’s apartment in Queens, New York. While on the roof, we were charged with criminal trespass. However, my friend’s mother owns the apartment and has given my friend permission to go on the roof before and accompany non-residents onto the roof (the cable repair man for example). Does the charge still stand?
Dear Brian: You didn’t mention that he had his mother’s permission to take his friends up on the roof. That may make a difference. If you plead not guilty when you go to court, the court may appoint a public defender to represent you. Explain what happened to your lawyer and he/she will know how to present your best defense. Don’t get your hopes up though. Good luck.
(This is information only – not legal advice).
My friends and I were in an abandon house, and the cops caught us. I was given a $92 trespassing ticket. I’m under 18 and I live in CT. Will the ticket be on my record if I pay it?
Dear Nikki: Depending on the laws in your state, it may remain on your record for a period of time. We suggest you contact the court about this. Ask if this is expunged once you pay the ticket or if you have to apply to have it cleared. Most minor offenses (low misdemeanors or petty offenses) are eligible for expungement at a certain point in time. Good luck.
(This is information only – not legal advice).
If I were to enter a school I am not enrolled in, pick up a transfer form from the office(during school hours) and then give myself a tour of the school without the staffs knowledge of this could I potentially be charged of trespassing?
Dear SD: Depending on the legal definition of “trespass” in your state, what you’ve described may come under the law and actually be a crime. This may be the case if you see at the school signs posted about visitors on campus. Most schools require visitors to check into the front office, sign in and state their reason for being there. Why risk this? Ask for a tour when you go and one can be arranged without much inconvenience to anyone. Think twice before wandering around the school on your own. Good luck.
(This is information only – not legal advice).
I was bow hunting on a friends property in an urban area where bow hunting is legal. The deer I shot ran and landed in another persons yard. I retrieved the deer without asking permission from the property owner. Partially, because it could have been one of two peoples back yard (backyards face each other with a creek in a bottom) and I was fearful they would say no. Georgia hunting laws state I must attempt to retrieve a downed animal to the best of my ability. The property was not posted, I was not seen on the property (that I know of), was not notified before to not be on the property or asked to leave and retrieved the deer thru the creek. It’s a week later. Can I be sited for trespassing at this time. I told the officer where the deer was shot and where I retrieved it. I tried to knock on the owners door at a later time and no one answered.
Dear Ken: It doesn’t sound like you were trespassing. Attached here is the criminal trespassing law for Georgia. Read through it and see if what happened applies to your situation.
§ 16-7-21. Criminal trespass
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $ 500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor’s parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor’s parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.
(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.
(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.
If you receive a notice or ticket to appear in court, explain what happened. If you deny the trespassing charge, the court may appoint a public defender to represent you. At trial, the court and/or jury will decide the case. Or you may be offered “diversion” so that you avoid getting a record. Good luck.
(This is information only – not legal advice).
If someone signs a trespassing document and agrees to not return to a department store, does that apply to all locations of that department store or only the one they signed the document at?
Dear Molly: It most likely means that you agree to not return to any of those department stores, but you could contact the loss prevention department of the store to get some clarification.
(This is information only – not legal advice.)
Near where i live, at the end of a dead end road in a residential subdivision starts an open field where tire ruts run from the only entrance to the field to the end of the field. A friend and I drove into the field following the existing vehicle path and then turned around and drove right back out. As we exited the field and returned to the pavement a police officer saw us exiting the field. He approached us and took our driver’s licenses and processed them through dispatch. We are both 19 years old with no criminal history whatsoever. He asked if we were aware that we were just on private property, and we both were not aware of it being private property. He did not know who the owner of the property was but told us that the owner would be contacted and that what we did was criminal trespassing on private property and that we could also be charged with criminal property damage for the ruts, even though the ruts already existed prior to us entering the property. The property only has one entrance, and there are no signs or barriers in place to inform anybody that the property is private. What can expect if the owner of the property wants press charges?
Dear Andrew: If you are charged with trespass and/or criminal damage, you should speak with a lawyer about this. If you plead not guilty at court, the judge may appoint a lawyer to represent you (public defender). Explain everything that happened to your lawyer. He or she will know how to defend you and make the state prove their case against you. You could also be offered diversion as a first-time offender. Once you complete the terms of diversion, the case will be dismissed and you won’t have a record. Good luck.
(This is information only – not legal advice).
So me and a bunch of friends play airsoft/paintball on the state’s property behind my house. I’ve lived here my whole life (19 years) and the land has never been developed. There are no fences, nor any signs posted about trespassing. I also have never been told to leave. Am I legally allowed to be on that land being that there are no postings or do I need to worry about being kicked off of the land?
Dear Rob: You have to look to the trespassing laws in your state. Google the name of your state and “trespassing law” or “use of state land” for information. Generally, if you know a certain property is private or public land, whether trespassing signs are posted or not, consent from the owner is needed to be on or to use the property. This applies particularly if you’ve been told to stay off the property. It depends on the nature of the property and the use it’s put to. A park, for example, may be public land but often carries restricted hours. If the hours are violated, you could be cited for trespassing. Good luck.
(This is information only – not legal advice).
I was cited with PC 602.8 (a)(California) for driving on a service road for a railroad near my house. After researching the code, It clearly states that signs must be posted clearly at all entrances, however, the entrance in which I entered did not have any signs or any fence. I have pictures and am going to juvenile court tomorrow to plead not guilty. Do you think the case will be dismissed?
Dear Dakota: When you go to court tomorrow, you may meet with a probation officer first. Explain your position to him or her and show your photos. He may explain the law that you’re charged with breaking. You have the right to plead not guilty and make the state prove the charge. A trial will be set and you can either get your own lawyer or the court may appoint a public defender to represent you. Regarding dismissal, it is possible but that’s up to the prosecutor and judge. Good luck.
(This is information only – not legal advice).
I routinely have teenagers cutting through my yard, climbing over a fence that is both damaging to the fence and the plants. I have posted signs and taken photographs. What is the likely outcome of pressing trespassing charges against such minors?
Dear Mike: Since you have evidence of these kids trespassing, providing such to the police department will help in their investigation. The challenge may be in identifying the kids so they can be interviewed by the police. Also, if you file a complaint it will likely be considered a low profile case, depending on where you live, the size of the town and police department, etc. In other words, be patient. Good luck.
(This is information only – not legal advice).
My wife was stopped at a rail road crossing for about 15-20 min and was tring to get to my mothers house on the other side to help stop a tantrum being caused by our two disabled children. She did notice that the next railroad crossing over was open. She was not really thinking and did not see the no tresspassing sign. She did drive on the gravel area approx. 50 yrds from the track down to the next crossing so she could cross over. A local police officer saw her and stopped and gave her a ticket for tresspassing on railroad property. I was wondering if one the city police officer had the right to issue a ticket on federal railroad property, if he could then send the ticket through regular city court instead of federal court, and also looking at the railroad ticket violations for tresspassing unless you are found to have intent to commit damages to the property the fine is maxed out at $250 dollars and the fine the city officer imposed was $265 Dollars. I was also wondering if sence it was placed as a city ticket if it would go on her record as a misdomenor offence, She has a spotless record. Is it worth tacking to court or just pay the fine.
Dear Everett: AsktheJudge.info is an educational site for & about teenagers and the law. We don’t provide legal advice to teens or adults.
If your wife holds off on paying the fine and goes to court for this citation, she may get some answers to your questions. Then she could decide to pay the ticket or contest it and go to trial. Good luck.
(This is information only – not legal advice).
I was stopped by a police officer after I crossed the train tracks to get to the other side of the station in order to catch a shuttle. I have a court date today and I am attending. However, the citation that I was issued does not have a fine, a police name, signature, or a badge code. Does this mean that I will get off with a warning?
Dear Anon: You may get off with a warning but there’s no guarantee. Depending on the laws and practices where you live, the citation may be valid as long as the missing information is available in the event you plead not guilty and a trial is set. Good luck.
(This is information only – not legal advice).
What are the proper steps to go through for someone to be served with criminal traspassing charges? Does someone actually have to be told to leave the property before the charges can be filed or can someone just file those specific charges for no aparent reason?
Dear need help: Ultimately, it will depend on the laws of your state. However, a person cannot file trespassing charges on somenone else. They can call the police and make a complaint about a person trespassing and then it’s up to the police to investigate the matter. If there’s enough evidence to charge a person with trespassing, then charges will be filed.
(This is information only – not legal advice.)
In conjunction with my prior question is your answer still the same when applied to the state of Texas?
Dear Need Help: Yes, if you Google “Texas trespassing laws” you’ll see information about different aspects of trespass and the penalties for violating the law. Good luck.
(This is information only – not legal advice).
Dear Sir, my 16 yr old daughter was hanging out at the high school after hours, its trespassing. I was not notified of this, do the Police have to let me know if my 16yr old was found trespassing? I was notified by the school juvenile counselor 3wks later, as she notifed me that my daugher would have to participate in a Diversion Program at school, or would be charged with criminal trespassing.
Dear Susan: Every state and school district within a state has rules and laws about students and trespassing, truancy, curfew, etc. In most situations, it’s the practice of a police department to notify parents when their kids get into trouble. What happened here, we don’t know. But, in the long run, it’s better for your daughter to complete a “diversion” program than have to go to court on a criminal charge of trespassing. Good luck.
(This is information only – not legal advice).
So I recently got ticketed for riding my longboard on campus. It is essentially the same thing as a bicycle in that no harm is done to the property and it’s just a means of transportation. There are no sighns that state no skateboarding, bicycling, or rollerblading. So if I talk to the campus property owners, and believe me I intend to, and they say that it is ok to ride on my longboard. Do I have the right to take the officer to court?
Dear Dante: Check the rules of the school found in the Student Handbook or on the school’s website. If you deny the charges, the next step may be a trial where you’ll have a chance to confront the officer. Good luck.
(This is information only – not legal advice).
I was waiting for some friends at the safeway. I was standing by their car and an officer talks to me in his car. He told me to vacate the property but I did not receive a citation from him. Will I be charged with tresspassing?
Dear Jay: Since you did not receive a citation and if the officer did not obtain your contact information and tell you that you would receive a citation in the mail, then you will not be charged with anything. He may have believed that you were loitering and was giving you a verbal warning to leave.
(This is information only – not legal advice.)