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Possible trespassing sentences Property Invasion, Damages, Trespass

Discussion in 'Criminal Charges' started by MattCW, Dec 27, 2016.

  1. MattCW

    MattCW Law Topic Starter Guest

    Jurisdiction:
    Texas
    I have been charged with trespassing with no forcible entry. My wife and I have been going through a divorce. I was in her yard after being formally warned by police not to come on the property. I was on the property due to the fact that she had her new boyfriend over with my 1 year old son present in the home, in violation of the temporary court orders related to the divorce. I did not enter the home, but did look in the window. There was no physical confrontation or threats. I was caught on security camera, and arrested and charged two weeks later for trespassing (I never even knew I had a warrant out). The police officers were very nice, and neither they nor my bail bondsman believe that I would be looking at jail time since I have never been arrested before, and I have no criminal record. My wife and I have also made peace and have been cordially and cooperatively interacting in matters related to our child. What are the possible penalties I could be facing? Due to the divorce costs, I have no money to hire a defense lawyer.
     
  2. army judge

    army judge Super Moderator

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    Jail time is not in your future, unless you have a bunch of prior offenses.
    However, this kind of conviction can POSSIBLY taint you with some type of STALKING or DOMESTIC VIOLENCE red X.

    What is the EXACT charge you've received, the court in which the matter will be adjudicated?

    Once I know that, I can revise my answer.
     
  3. army judge

    army judge Super Moderator

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    If its a Class B misdemeanor you're looking at, this is what the statute says:

    § 12.22. CLASS B MISDEMEANOR.

    An individual adjudged guilty of a Class B misdemeanor shall be punished by:

    (1) a fine not to exceed $2,000;

    (2) confinement in jail for a term not to exceed 180 days; or

    (3) both such fine and confinement.
     
  4. army judge

    army judge Super Moderator

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    Fine, YES, usually about $1,000, court costs, fees, probation fees, because peopel often get supervised county probation.

    Bottom line, ask the court IF you qualify for a public defender.
    You don't wanna go " barefootin' " this one, amte.
     
  5. leslie82

    leslie82 Well-Known Member

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    Why would you go over there after even the police told you not to go? Is there a court order against you from being there? Who is the temporary order against? The boyfriend? Why didn't you just call the police on him for violating whatever order is on him?

    You better hope you can get a PD.
     

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