As a Houston Trespass Lawyer who has represented numerous individuals charged with Trespassing, I can tell you that this is not always an open and shut type of case. Many times, people are wrongfully charged, and they end up needing to hire a Houston Trespass Lawyer.
The trespass laws in Texas are covered in Texas Penal Code Section 30.05. Basically, criminal trespass is when someone enters or remains on a property without the consent of the owner/person AND they had notice that they were not allowed to be there, or they were asked to leave but did not do so.
The problem with this type of case is that most often people are charged and accused of not leaving a location after being asked. These cases are defensible, they are not complicated and scientific like a DWI. They are defensible because they are basically he said, she said cases. In other words, it is your version of the story against the other person’s version. The one thing that these cases all have in common is that someone is upset with another person and calls the police. Every case is different, but sometimes an upset person will say whatever they have to say to get the other person in trouble.
I have seen cases from stores, bars, apartment complexes, private homes, farm land, clubs, even the roof of a shopping center. But at the end of the day the State needs to be able to prove beyond a reasonable doubt that you are guilty. It is often very hard to prove that when it is one person’s testimony over another. If there is no other type of evidence (video, audio, other witnesses) then you might have a case that you can fight. Give me a call and we can talk about the facts of your case.
On the other hand, you can also be charged if there is some sort of sign that indicates no trespassing allowed. These cases are harder to defend, even if you had not seen the sign. But it will still be very fact specific and if there is any way to defend you, I will do that. Many times, I have to go to the scene personally and take photos to show the State what the signs actually say.
Worst case scenario, if you are guilty then all hope is not lost. The goal is to protect you and protect you record. If you are guilty my job is to do damage control and get you the best possible resolution on your case. If you are looking for a Houston Trespass Lawyer, or a criminal defense attorney for any type of case, give me a call at 713-222-2828. I will be happy to take time to discuss your case with you and start planning your defense.
Eric Benavides is a Houston Criminal Defense Attorney. He is a co-founder of Benavides & Serrano, PLLC. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College, and is a proven trial lawyer. He has been recognized as one of the best criminal lawyers in Houston by the Houstonia magazine, and has earned a perfect 10.0 rating on AVVO.