Texas Criminal Trespass Law Has Serious Consequences
The Texas Criminal Trespass law is often used by apartment complex managers or retail store managers in an attempt to keep individuals they have had problems with off their property. If an apartment complex finds an unauthorized person living in an apartment or on their property they will usually issue a criminal trespass warning. This serves notice on the person that they can not come back on the property. If the person comes back on the property then police can be called and an arrest can be made for criminal trespass.
To be arrested a person must have had notice not to be on the property or received notice and refused to leave the property. To get a conviction the prosecution need not prove intent by the defendant. They are only required under the law to prove the defendant’s unauthorized presence.
To prove a case of Texas Criminal Trespass that prosecution must have the property come to court or a person who had greater right to possession than the defendant such has a property manager.
If the defendant has some legal right to be on the property then they can not be convicted of this crime. An experienced criminal attorney can often mount an effective defense based on the defendant”s right to be on the property. The prosecution also often has problems with proving proper notice.
Texas Criminal Trespass charges can carry up to 6 months in jail depending on the circumstances so it is best to retain a criminal attorney as soon as possible. Criminal record checks are conducted by almost all companies theses days so it is essential for an individual to keep there record clear.