Legal Question in Criminal Law in Texas

Criminal Trespassing or not?

I was told by a couple of police officers that if I go on this perticular property that I would get aressed for ''criminal trespassing''! But, I was also told by some detectives that as long as I was invited by my friends in their home that I wouldn't get arrested. Now my question is what is the actual law behind criminal trespassing and how do I know what is actualy true and if I can or can't go over my friend house. The place is a mobile home community!


Asked on 1/29/06, 11:56 pm

1 Answer from Attorneys
John Floyd John T. Floyd Law Firm - HOUSTON FEDERAL CRIMINAL LAWYER

Re: Criminal Trespassing or not?

Criminal Trespass

A person commits Criminal Trespass if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so.

So, depending of the facts of your case, it will most likely depend on the lease/rental agreement that your friend has with owner of the property. If the agreement gives property owner right to refuse entry to non-lease holders and you have been notified by law enforcement that your entry is forbidden, your return on the property might constitute Criminal Trespass. Best bet is to contact owner and lease holder, work things out, and obtain permission to return onto property.



JOHN T. FLOYD LAW FIRM � HOUSTON CRIMINAL DEFENSE LAWYER

WWW.JOHNTFLOYD.COM

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Answered on 1/30/06, 1:51 pm


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