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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default Criminal Trespassing in Texas

    My friend and I (Both 18) heard of a haunted house in our town. So we decided to explore the house for ghosties. There was a rusted metal chain (I found later that this indicates we were trespassing) we entered the house and moved into two rooms when we heard FREEZE, it became apparent an officer followed us. I was walking into another room as the order was shouted, promptly the officer shouted something along the lines: "Don't move, if you start running I will fire!."
    So I stepped back into the room only to be yelled at for moving. The officer then announced he was arresting us for criminal trespassing (But did not read our Miranda Rights), he was very nervous and was shaking more than my friend and I (Which made me fearful of my life) we were then detained and questioned. Our stories were recorded and I was recorded saying I felt I was treated fairly (But upon retrospect, I don't feel that way) the owner of the property decided to prosecute us and our charge was reduced to a class B misdemeanor. We were arrested again and read our rights and jailed for 6 hours and we got out on a PR bond.

    My question is: Is it possible to have the charges dropped or the fine severely reduced? I did not know it was owned, it had been 50 years vacant, I did not commit vandalism or theft, it was an honest mistake.

    There are two other things I'd like to know, the arresting officer did not seem to correctly go through the procedures of arresting us, is it possible I could use that as an angle for a charge dropping?

    And finally, is it possible for the owner of the property to drop the charges right now? If so, is it possible for me to contact her through the department or a real estate office and apologize for a chance at this?

    I appreciate any help you could provide, thank you.

  2. #2

    Default Re: Criminal Trespassing, Texas

    Regardless of what you thought about the house, it's condition, or how long it had been that way, it wasn't YOUR house, and you had no invitation or other legal reason for being there. That's why it's criminal trespassing - it wasn't a "mistake" - you went in purposely.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Criminal Trespassing in Texas

    Quote Quoting Arkbennett
    View Post
    My question is: Is it possible to have the charges dropped or the fine severely reduced? I did not know it was owned, it had been 50 years vacant, I did not commit vandalism or theft, it was an honest mistake.
    It may be, but laws differ by state, and a prosecutor's policies may vary from office to office. Consult a local criminal defense lawyer.
    Quote Quoting Arkbennett
    There are two other things I'd like to know, the arresting officer did not seem to correctly go through the procedures of arresting us, is it possible I could use that as an angle for a charge dropping?
    You mean Miranda? Failure to read Miranda rights relates only to custodial interrogation, and does not invalidate an arrest.
    Quote Quoting Arkbennett
    And finally, is it possible for the owner of the property to drop the charges right now? If so, is it possible for me to contact her through the department or a real estate office and apologize for a chance at this?
    I suggest working through a criminal defense lawyer, and not contacting the owner directly.

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