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  1. #1
    Join Date
    Jul 2009
    Location
    Houston, Texas
    Posts
    3

    Default Criminal Trespassing in Texas

    My question involves criminal law for the state of: Texas.

    My girlfriend and I were at a Neighborhood Wal-Mart and a lady that worked there, I don't know if she was a manager or not, thought we were stealing because we kept picking up different kinds of beer. We would put one pack back and pick up another.

    She came to us and told us to leave the store. She did NOT tell us to not come back. All she said was "Put the beer back and leave the store". We told her we were going to pay for the beer and we had the money and even offered to show her the money. She just repeated herself "Put the beer back and leave the store"

    The next day, we went back (not all that stupid, I used to work there and it is right across the street. We always shop there.) and we were going to buy beer, which we ended up deciding to just go to the liquor store (Spec's). She walked out of the store before I did and I went to another isle to look at the price of something.

    As I walked out of the store, they were escorting her back in and the police were called. They said we were there yesterday trying to steal beer. We were arrested and taken to county.

    Apparently we are being charged with Criminal Trespassing, but I don't understand how that can be. We were never told not to come back or that our "entry was forbidden".

    Can anyone help clear this up for me? As my lawyer hasn't said much. We go for our initial appearence in court on Wednesday (July 29th). He said he wouldn't know what the prosecution has against us until then.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Criminal Trespassing in Texas

    You can have your lawyer argue that you thought you had been kicked out just for the one night, and that you were legally entitled to return in the future, and see what evidence or argument the prosecutor offers to the contrary.

  3. #3
    Join Date
    Jul 2009
    Location
    Houston, Texas
    Posts
    3

    Default Re: Criminal Trespassing in Texas

    Well, as an update for everyone, our lawyer (who cost $1,500 a piece and there is two of us) has postponed the case for several months. The prosecution finally gave us a plea bargain of time served plus a $200 fine, but they have no evidence against us so our lawyer is just waiting for the right prosecutor to dismiss the case.

    Even if our case went to trial, there is no evidence to prove we were "trespassing". There are many flaws in the police report and even some lies in it. So even if they were to have "evidence" (aka video) it would go against them.

    We are waiting it out and we are going to get the case dismissed. Our lawyer is quite good. I don't know if I can say type his name, but for anyone who is in Houston or Texas...he even travels outside of Texas for his clients, his name is Robert Fickman and his main office is here in Houston, Texas.

    He is GREAT and if you find his website, you should see some of the cases he has gotten dismissed.

    He got a case that involved a local Houston rapper (music artist), 3 kilos of cocaine, an informant, and an undercover police officer, dismissed. Don't ask me how, but he did. He even has the article that was in the Houston Chronicle on his wall.

    He's a great lawyer. At first I didn't agree with his methods, but it turns out, he knows what he's doing and I'm amazed.

  4. #4
    Join Date
    Jul 2009
    Location
    Houston, Texas
    Posts
    3

    Default Re: Criminal Trespassing in Texas

    Quote Quoting TexasProblem
    View Post
    Well, as an update for everyone, our lawyer (who cost $1,500 a piece and there is two of us) has postponed the case for several months. The prosecution finally gave us a plea bargain of time served plus a $200 fine, but they have no evidence against us so our lawyer is just waiting for the right prosecutor to dismiss the case.

    Even if our case went to trial, there is no evidence to prove we were "trespassing". There are many flaws in the police report and even some lies in it. So even if they were to have "evidence" (aka video) it would go against them.

    We are waiting it out and we are going to get the case dismissed. Our lawyer is quite good. I don't know if I can say type his name, but for anyone who is in Houston or Texas...he even travels outside of Texas for his clients, his name is Robert Fickman and his main office is here in Houston, Texas.

    He is GREAT and if you find his website, you should see some of the cases he has gotten dismissed.

    He got a case that involved a local Houston rapper (music artist), 3 kilos of cocaine, an informant, and an undercover police officer, dismissed. Don't ask me how, but he did. He even has the article that was in the Houston Chronicle on his wall.

    He's a great lawyer. At first I didn't agree with his methods, but it turns out, he knows what he's doing and I'm amazed.
    Well, an update and a fix on the post I made:

    My lawyer advised me it is never a good idea to disclose strategy regarding an open case. That makes sense to me. He said you have to keep your cards close to your chest and not disclose your hand. I think he is right. You don’t want the other side to know your game plan. I am glad I have a smart lawyer.

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