What is trespassing?
The definition of trespassing is entering or remaining on someone′s property without permission. You′ve probably seen these signs like “Private Property”, “Do Not Enter” and “No Trespassing” on vacant lots, wooded areas, abandoned houses or near factories. If there′s a sign posted (whether you see it or not), or if you′ve been told by the owner not to be on the property, this is considered adequate notice. Disregarding these rules can result in a charge of trespass, which is a misdemeanor.
- In Hawaii, no minors are allowed in dance halls where paid partners are available.
- If you′re caught peeking into someone′s window in South Dakota, you′ll be explaining why to a judge.
- If you′re under 16 in Washington, you must be with a parent or guardian at an outdoor music festival. If you′re not, you could be charged with trespassing and/or a curfew violation, depending on the time of day.
It′s not always necessary to post a “No Trespassing” sign. If the owner of the property or a security officer tells you to leave and not return, that′s enough notice . If you return, you′re trespassing. If you′re disruptive at a mall and a security guard tells you to leave and not return, you must do so. As long as you′re not excluded based on race, gender, religion, or disability, the restriction placed on you is valid.
Other places that are off-limits include mines, railroad cars and tracks,and fenced commercial yards. If a property is fenced, it′s a good indication that you need permission to be there. This includes fenced property in rural areas where you might want to hunt or target practice. Places that aren′t as obvious include your neighbor′s yard or pool, school grounds when school is out, or church property and parks when they′re closed. Someone′s car or garage are off limits, unless you have permission. If you′re ever in doubt about whether you′re trespassing, keep your eyes open for posted signs or ask for permission from the property owner.
My uncle new roommates so not like me and when I come to visit, they always call the police and say I’m trespassing…
My uncle is very old and lives in the very back of the house, he doesn’t own a phone.. I can’t even make it through the door before the guy starts screaming he’s calling the police.. my uncle is old and can’t just jump out of bed to screaming ya know.. so how do I handle this??
Dear Tiffany: We suggest that you explain the situation to the local police and ask them for a solution. They may need to speak with the roommates and set them straight about his right to have guests over to visit him. You could also contact Adult Protective Services in your community and seek advice and assistance. Good luck.
(This is information only – not legal advice).
We were cited by our “psycho” neighbor for trespass when went into their yard to retrieve our dog that jumped our fence. The best course of action would have been to contact animal control, however she’s an attorney and in the past if she calls animal control they immediately respond. When we call animal control when their dog has been in our yard animal control calls them to warn her so that she can lean over our fence to retrieve her dog. There’s an obvious favoritism of justice. What legal direction can we take to avoid her abusing the local government. Also what will happen when we appear in court under the trespassing in 2nd degree they are charging us with?
Dear V: This website is for and about teenagers and the laws that apply to them. As such, we do not provide legal advice to our readers, whether teen or adult. You may want to consult a local criminal defense attorney about your options in this situation, especially if you have been formally charged with a crime. Good luck.
(This is information only – not legal advice).
If I was on a band list for the house in authority in New Albany Indiana 47150 and I was invited over someone’s home would I still go to jail for trespassing
Dear Bobby: If you were invited to someone’s home, normally it wouldn’t be considered trespassing. However, it depends on the specifics of the ban you were given. You have to read the words of the ban closely to see if you violated it. Good luck.
(This is information only – not legal advice).
A city worker trespassed on my land, without my consent. He left a card on my picnic table went over to my neighbors and left them a card and stated to my neighbors that they went over to my land left a card. Am I able to press charges against the city for trespassing. Listening to free police call dispatches and no call was made about complaints about us or my neighbors, but they still came to my yard without my consent and when I wasn’t there. I am in the state of MN I feel like I was violated.
Dear Theo: AsktheJudge.info is a resource for & about teenagers and the laws that affect them. As such, we do not provide legal advice to our readers, whether teen or adult. We suggest you contact a local attorney who practices property law about your concern.
(This is information only – not legal advice).
If you’re 18 and an underage friend invites you over to hang out, but they didnt tell their parents. Then their parents find out and threaten you with trespassing. Is that viable? This is in the state of Oklahoma if that changes anything.
Dear Jayden: If you were invited to come over, this may not fit your state’s definition of trespassing. Take a look at this site on Justia.com for information in Oklahoma:
https://law.justia.com/codes/oklahoma/2014/title-21/section-21-1835/
Good luck.
(This is information only – not legal advice).
I accidently walked around a house to the back yard and as I walked up the the gate realized it was the wrong house and left, do you think they will try and find me and charge me with trespassing
Dear Bob: Not if this was, as you stated, an accident. If you end up with a citation, explain exactly what happened to the judge, and you may have it dismissed since you had no intention of trespassing. Good luck.
(This is information only – not legal advice).
If a restaurant leases a public sidewalk for their dinning area or seating area, can you be trespassed from that? And how can a city lease public property to a private company? Does the company pay for the cost of upkeep?
Dear Andrew: AsktheJudge.info is an information resource for & about teenagers and the laws that affect them. As such, we do not provide legal advice to our readers, adult or teen. We suggest you contact a local attorney for advice, or check the laws in your town about public versus private property. A reference librarian at your public library may be of assistance. Good luck.
(This is information only – not legal advice).
Arrested for criminal trespass in an “available house” (new subdivisions have model & available homes anyone can go in). No signs. It was late, but house and garage were open. As soon as the cops she up they were arrested, never asked to leave.
Dear Jennifer: If and when you go to court for this, explain the circumstances to the judge or hearing officer. Your intent in staying in a place where you should have known you didn’t have permission is important. Ignorance of the law is not a defense to committing a criminal act. Good luck.
(This is information only – not legal advice).
I have property adjacent to a Tennessee Valley Authority Lake, where I have a permit to have an access corridor and dock. I have posted “no trespassing” signs on my access corridor, but someone has removed them and vandalized my dock. I have since installed a camera and can see people going out there. What are my rights? I don’t technically own the land, but I am the person granted permission to use it because it is between my house and the lake.
Feeling frustrated!
Dear PB: We’re sorry to hear of what’s going on there, but we are a website for & about teenagers and the laws that affect them. We don’t provide legal advice to our readers, whether adult or teen. We suggest you contact a local lawyer who practices civil or property law. Ask about an initial free consultation and you may receive the information necessary to deal with this problem. Good luck.
(This is information only – not legal advice).
If a mall is pronounced private property but the owners allow guests on property. Is it allowable as the security professional to request that the guests leaves after hours if they are no longer in an establishment? Is there something that protects them from being ejected just because they have purchased something on property regardless if the property is private and the Code of Conduct set by the mall is broken?
Dear Brian: Property owners set their own rules regarding visitors, open and closed hours, etc. A mall has the option to ban someone from being on the property, and violating the ban could be considered trespassing. Every state has laws on this subject. You might google the name of your state and “trespassing” to see the specifics where you live. You could also ask the police about this, or mall security at the location you’re concerned about. Good luck.
(This is information only – not legal advice).
I had received a letter from board of emissions ghat I was granted to return to zpenn casinos
I w ees nt th here th hey said I wa sc trepassing. The letter was in process. They said Sands had to let me back in it is privately owned. So casino will be makling me a yicket
I unknowingly went there thinkinging I was as granted back in.. i calle DC the board they said it was pending.
Dear Daryl: AsktheJudge.info is for teens about their rights and the laws that affect them. We suggest you try working this out with the casino, explain the circumstances and find out if they are willing to listen to you and hear your side of the story to avoid a ticket and/or other circumstances. Good luck.
(This is information only – not legal advice.)
Can a reposser cross over property to retrieve a shed filled with tools, boxes etc without the owners permission after a judgment has been made and a writ to execute the order I thought the debtor has time to appeal the court decision before any action is taken by the creditor.
Dear Tinker: Every state has its own property laws regarding trespass, court orders, and enforcement. So you can google the name of your state and “trespass” for detailed information that may help in your situation. We are an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to our readers since we don’t represent them. Good luck.
(This is information only – not legal advice).
In Texas a husband and wife own a house jointly and live there. The husband orders a guest out of the house. The wife says that the guest may stay. Must the guest leave or can the guest stay? If a husband serves a no-trespassing order on someone, can the wife annul the order to allow entrance?
Dear Gum: AsktheJudge.info is an education resource for & about teenagers and the laws that affect them. We don’t provide legal advice to our readers, whether teen or adult. We suggest you contact a local lawyer for advice. Good luck.
My survey shows that the fence adjoining my and a neighbor’s yard are over on my side of the property line by 1 1/2 feet. I have mentioned that the fence needs to be moved. She insists she will not move the fence. She claims the fence is hers though it was built with the inside of the fence facing my house. (She sold me this house. Her son built the fence around “what is now my house” when the lady was the previous owner.) She states the fence is still hers as she has moved next door. The lawyer told me, according to my plat and survey, that I could move the fence, but I may have to step a few feet into her yard to get this done. Can I be arrested for trespassing? This little strip of land is mine. I pay taxes on it and it’s in my mortgage…she knows it, but won’t budge. Will I be trespassing???
Dear Cindy: AsktheJudge.info is a website for & about teenagers and the laws that affect them. We do not provide legal advice to our readers, whether teen or adult. Since you have already talked with a lawyer, we suggest you run this by him as well. Good luck. -ATJ.info
Can I be prosecuted for trespassing if my watercraft becomes disabled and I exit the lake across private property?
Dear Mark: You’ll have to look to the specific trespassing laws where this happened. Every state has laws regarding trespass and they vary. There could be a state law as well as a local (city, town, etc.) law. Google the name of your city or state and “trespassing laws” for information. Good luck.
(This is information only – not legal advice).
Can my aparnement manager, well she was my apartment manager but she put a criminal trespass on my kids father from his record from 9 years ago from the state of Florida and we in the state of Georgia can she do that. Now he can’t come see his kids.
Dear Shabreka: This website is an education resource for & about teens. We do not provide legal advice to our readers, whether teen or adult. We suggest you contact a local lawyer who practices either criminal or family law. Some offer free initial consultations, so ask about this if you call one. Good luck. -ATJ.info
We’ve had a neighborhood cat sitter for a couple of yrs who is now 17yo. We were away for a weekend and, as usual, she was supposed to daily (once a day) clean the litter boxes and feed the cats. No house-sitting, having people over, hanging out at our home, etc. We learned by way of our (relatively new) front door camera that she entered our home wearing a large backpack at 12:30 in the morning. 2 hrs later our camera showed a male teen knocking on our door and holding what appears to be beer cans that were discovered in our house when we returned. The camera also shows the sitter coming and going multiple times throughout the weekend and other teens coming to our door. There is other evidence such as beer cans, items eaten from our house, vaping supplies, marijuana tools etc. in our outdoor garbage can. We spoke with a neighbor who told us she saw about 7-8 people going around the side of our house towards our backyard and assumed we were having a party. We don’t have an indoor camera, but I do have video showing the sitter entering our home after midnight. Can she be charged with trespassing? Burglary? What about curfew laws?
Dear Mary: Any violations of the law would depend on your agreement with her when you left her in charge of entering your home in your absence. The police may choose not to file formal charges or even ticket her, but that would be their call. It may be best to have a talk with her about her behavior and deciding whether you’d use her again. Good luck.
(This is information only – not legal advice).
My new female neighbor has showed up at my home, uninvited, not once, but twice!! She calls and texts me to help her do any and everything. The last time she walked in my wife was working and she proceeded to tell me how I’d be better off without my wife. My wife was cheating on me, and on and on. I asked her at least four times to leave my home! I finally had to walk her out the door. Can I do anything lawfully about this? She has been here one month and caused so many problems.
Dear Anne: If she continues to violate your privacy by coming to your home uninvited and refuses to leave when asked to, you could consider obtaining a restraining order from a court. You don’t necessarily need a lawyer for this and most courts issue them under appropriate circumstances. A court would also have information and forms to apply for a protective order. Good luck.
(This is information only – not legal advice).
I have a quick question. My wife and i are in the process of a divorce mainly due to an affair, and i was wondering if i do not want this man in our house until the divorce is final, is that trespassing or not since she is allowing him entry? I’m just trying to figure out if there’s any legality to it. Thanks.
Dear John: Askthejudge is an education resource for & about teenagers and the laws that affect them. We do not provide legal advice to our readers, whether teen or adult. We suggest you contact a local lawyer who practices family law. Good luck.
Hi! I have a question… so just recently I’ve been classified under this university which I attend as someone who was trespassing eventhough there was a public event that was about to happen. There were a lot of people in the building too… so this people asked me to leave which I did after the campus officer came to me and asked me to leave the seat that I was sitting on. Would this situation be considered trespassing even if I’m enrolled in school and have the right to be there if I wished?
Dear Lasarusa: If you were asked to leave or to stay away from that area, building, etc. where the event took place then it’s possible that you could face consequences for failing to do so. All of the facts and circumstances would be taken into consideration if you were to face trespassing charges for this incident. Even if a place is open to the public, you could be considered trespassing if someone with authority told you to keep off that particular property for whatever reason. If you want to fight the issue, then you could talk to the university administrators or the head of that particular building. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I live in an apartment in New Jersey. Ac repair workers came to fix the ac and needed access to the master bedroom and the laundry room. I granted them access to those two rooms only and locked all other rooms and made it clear they were off limits. I even put up a sign on each door saying “do not enter, you don’t have permission”. The rooms that were off limits were a bedroom and a storage room where i keep valuables. They did not have ANY reason to look in these rooms because the ac hoses run on the opposite side of the apartment, which the workers were well aware of. Even if we lived in a universe where the ac hoses were there, it would have been clear that’s what they were looking for because they would have cut out a square of the drywall like they did in my master bedroom. But There wasnt even a scratch in the rooms. I took a quick nap and woke up shortly before they left. When they left I noticed one of the locked doors was open, and they had looked around the room. (Light was left on and stuff was moved around). I specifically asked them not to do this and I’m worried they might have taken something or may have been looking for something to take. Can I take legal action in this scenario ?
Dear Kevin: AsktheJudge.info is an educational site for teens about the law and their rights. If the AC workers did not take anything and did not damage anything, it’s unlikely that you would have a claim against them. Even if you reported the incident to the police, it would be up to them whether or not to further investigate. You could look through your belongings thoroughly to know if anything is missing. While it’s certainly annoying and frustrating that they disrespected your wishes, if nothing is missing or damaged – no harm, no foul. Finally, you could consider reporting the incident to the AC company’s manager or owner. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
My two sisters and I have inherited my mother’s home which I have been living in for over a year do they have the right to trespass anytime they want just because they are co-owners?
Dear Patrice: We don’t provide legal advice to our readers since we are an education resource for teenagers. We suggest you speak with a local attorney who practices property or landlord-tenant law. Some offer free consultations, so ask about this if you call one. Take a look at our Teen Help Network for lawyers in your area:
http://www.askthejudge.info/directory
Good luck.
I’m having issues with my neighbors kids (6yrs,8yrs,9yrs,10yrs) and their teenage friends who are there daily (12,14,15-16). They have repeatedly trespasses on my property, I’ve told them to stop. I have cameras up and last week one of the teens tried to steal my dog right off her runner. I caught him doing it and called the police. They came, knew the kid by name and had had multi issues with him. But no charges filed and no punishment.
Today all the kids came on my yard and we’re attempting to steal puppies that we rescued last week with the police luetinents help.
What can I do. If they don’t get punished they will keep this up and I am tired of it.
My 3 dogs are like my kids. One of which just turned 11yrs (so 77yrs old) and I will defend my dogs and property. I’m ready for someone to do something or I will have to take action and I know that will start a whole issue. Why can’t police do anything. If they can’t charge minors why not charge the parents.
Dear Britt: We’re sorry to hear of your troubles with the neighbor’s kids. We don’t provide legal advice to our readers, but suggest you talk with a police supervisor or a juvenile court officer for suggestions on how to handle this. Some juvenile courts offer community assistance with incorrigible kids. As a last resort, you could ask a court for a restraining order against these kids to keep them off your property. However, we suggest you first speak with a local lawyer before doing this. Some provide free initial consultations so ask about this if you call one. Good luck.
(This is information only – not legal advice).
when u have a trespassing Warren and u are on the road and someone calls and says that u were on their land when u warren do u still go to jail if you have a video of where u were standing the whole time.
also do u get yr child if u have a trespassing warren and u cant go over there and he can come over here but we dont want them to and he dosent want to meet in town
Dear Krysta: Askthejudge.info is an education resource for teenagers about laws that affect them. We do not provide legal advice to our readers, whether teen or adult. We suggest you speak with a local criminal defense attorney for advice. Some offer free initial consultations. Good luck.
my wife and i own our mobile home that sits on private property, in which we pay rent for our home in a mobile park. The mobile home park has harassed us, on numerous counts, and has only put a no trespassing on myself, and not my wife. They have arrested me while my wife was at work, and i was in our home, working on things inside our home at time of arrest. i was told i can not be on the property. As stated my wife and I own our mobile home, and they do not wish to remove her, only me. We have had many incidents and false reports against us as a couple, therefore insisting I am a threat to my wife, as to t he community. I am not. I have changed my life around and still am being prosecuted, and only living as a better citizen.
Dear Dennis: AsktheJudge.info is an educational website for and about teens and the law. First, you could refer to your rental agreement with the mobile home park for further information specific to the terms of your lease. If you need legal assistance, then you could contact a an attorney who specializes in property law/real estate in your area for help. Many attorneys offer a free initial consultation. Finally, you could check with your local legal aid office or court to see if they offer a free legal assistance program, which would allow you to meet briefly with a pro bono attorney. Many courts throughout the country have these programs. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Hello, i own my home and property and have a question .I currently am having trouble with my water bill and it has been shut off for a couple weeks and the health department told me i could not live here or i will be arrested and charged with trepassing, Since i own my place is that illegal to charge me with trespassing on my own property?
Dear Brooke: AsktheJudge.info is an educational site for and about teens and the law. Because it’s a health hazard to not have running water, it’s possible that you could be violating a local or state law if you continue to stay there without running water. You could consider contacting your local legal aid office for further information and advice. Also, your local court may offer a free legal assistance program that would allow you to meet briefly with a pro bono attorney. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I have a teenager in PA who is an honors student and never been in trouble with the law. His friends drove home to a baseball court in a neighborhood that had a do not trespass sign. They played basketball in the court then a neighbor called the police. My son panicked and hide in the woods until the police found him and brought him back to the court. He received a $200 citation for trespassing because the sign was posted when entering the neighborhood then another $350 citation for running and hiding from the police. The second citation was a character flaw with my son and never should have happened I think he just got scared. But that’s $550 for what started out as just playing basketball with friends. Seems very steep. We are in PA is it worth asking the police to lower the fines or fight the no trespass fine?
Dear DeanC: If you are considering fighting the charges in your son’s case, then you should consult with a local criminal defense attorney in your area. He/she will be able to advise whether or not your son has any decent defense. Otherwise, you could ask the court/judge, if your son has an upcoming court, date to consider lowering the fine. They may be willing to work with your son, but it could also mean more community service hours in exchange for a lowered fine. Finally, you could find out more about your son’s options at the next court date and then decide if you should consult with an attorney. Good luck to your son.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Hello, I am a minor who was caught by police while trespassing. I and two other friends entered a vacant hardware store. We were in the store for about ten minutes before the police came in and arrested us. One person got a drug charge (less than 1 oz of marijuana) and the other two of us were charged with criminal trespassing. I’m very frightened and realize my mistakes. At this point I am unsure if I will be charged for drug use or not but the building was completely unlocked, decrepit, and there were no posted signs indicating that it was a private property. I assumed that this was an abandoned building with no owner. Obviously that was wrong and I failed to inform myself of the law. I am wondering what might happen to me in court! Will I go to a Juvenile detention center? Is this a misdemeanor; a felony? We damaged nothing and did not litter. Will you please inform me on anything I should know or any defense I can use. I genuinely did not mean to cause trouble and don’t want this stupid act to screw up my future! Thank you for your time.
Dear Minor: Since this is your first time getting into trouble and being charged with an offense, you may be offered a diversion program and given the opportunity to avoid a record so long as you complete the terms of the program. These terms often include community service, payment of a fine or restitution and having to attend a class or counseling. It most likely is a misdemeanor offense, but you will find out more including the charges and your possibly options when you go to court. If you believe you need an attorney after your court date, you could tell the judge and have time to get one, but it may not be necessary. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Dear Judge Tom,
Thank you in advance for taking time to answer my question. I am a 67-year-old male. I had taken my sons phone to a repair shop to have the screen repaired. After 3 failed attempts, I had it repaired elsewhere and had arranged to have my money ($128) refunded. The owner of the repair shop sent me an email and agreed that if I returned the defective part, he would refund my money. I did return the item, but the owner changed his mind and decided I was not due a refund after all. I of course disagreed and we argued about this for a few minutes. The owner of the store told me to get out of his store and there would be no refund. I stated that I was not ready to leave at which time, the owner of the store came around the counter, shoved me backward and again told me to leave. I was stunned that he would lay his hands on me and I stated that he was not allowed to touch me. He shoved me backward again. I took out my phone and stated that I was going to record his efforts to remove me from the shop and that I intended to call the police. He then shoved me into the door, opened the door and shoved me thru the door and across the sidewalk into a parked car.
I did call the police. They arrived and took my information and went inside and spoke with the owner. The owner informed him that he had a video of the incident.
I waited for a few weeks and was finally told by the county (Johnson) prosecutor that they would not be pressing charges for battery.
I am very upset that this man is allowed to use this kind of tactic. According to the prosecutor’s office, he has the right to remove me if I am trespassing.
My question is simple. Does an individual have the right to use physical force (battery) to remove me from the premises or should he have to call the police to handle such a situation.
I read the definition of battery under Indiana Law and this store owner was clearly guilty of that offense but without the prosecutor, I have no recourse. The most painful thing about this incident is I was forced to realize I’m too old to defend myself. That has been hard to accept. However, I did expect the law to defend me.
I wanted this man charged with Battery, but according to the County Prosecutor, that will not happen. Can you advise me on how to proceed?
Dear Bill: We feel for you in this situation. However, AsktheJudge.info is an educational site for and about teens and the law. As such, we do not provide legal advice to our readers, whether teen or adult. The only recourse you may choose to employ is to post this incident on YELP or other platforms for consumer experiences (good and bad) with businesses. Best, -Judge Tom
I have a friend that sold a commercial building the Gentleman who bought it defaulted on the loan he got a judgement for almost 70 ,000 so he has hired me to clean up the property so that he can sell it to get his money back can I get in trouble for being on that property cleaning it up? He said he is taking ownership of property in lue of money owed just like a bank if you don’t pay it is foreclosure on and he is the bank your thoughts please
Dear Shari: AsktheJudge.info is an educational site for and about teens and the law. If you really want a second opinion and something more than your friend’s word, you could consider contacting a local real estate attorney, your local legal aid office or the court to see if they offer a free legal assistance program which would allow you to meet briefly with a pro bono (free) attorney. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
This lawyer came to my house, open my gate without any permission and knocked on my door! The entire house is gated. And I want to know if this is trespassing and what can I do about it? Yuma Arizona.
Dear Jesus: You will have to look at the specific trespassing law in your state. You could try Googling “Arizona trespassing law” for more information. A gate alone may not be enough to keep people from coming to your front door as delivery drivers, UPS, etc. would need to get to the front. You may want to consider putting up a No Trespassing sign if you feel so strongly about keeping people away and be sure to look at the law in your state. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Hello, I have a legal question. I am currently In a living situation with a woman who is constantly trying to control me, I screwed up and decided to move in with her and that is when stuff started to go downhill. Her name is not on the lease for the apartment that we are living in. If I tell her to leave and she refuses to do so, can I call the police to escort her out of my home?
Dear Richard: AsktheJudge.info is an educational site for and about teens and the law. You could try referring to the terms of your lease agreement for more information. Perhaps a very calm and straight forward conversation with the woman will result in her moving out without issue. Finally, you could check with your local court to see if they offer a free legal assistance program, which would allow you to meet briefly with a pro bono attorney. Many courts throughout the country have these programs. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Two women pushed their way through locked gates to go on my deck. There are signs posted for no trespassing. They broke the gates but since I just have still pictures of them on the deck, and I don’t have video proof of them breaking the gates anymore- my security system was updated and the footage was lost- the police said the only thing they can charge them with is trespass, not criminal trespass, and they’ll just get a small fine. Seems pretty unfair as I have to fix the damage. I live in DE
Dear Fern: AsktheJudge.info is an educational site for and about teens and the law. You could try speaking to the prosecutor’s office about the case and to find out if restitution (the money owed for the damage) will be part of the case. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I was arrested at a store and got banned from there .but if the store moved to different location am i still banned
Dear Tagliaferri: Yes, you most likely are still banned from the store despite the fact that they have moved locations. If you risk it and go to the store, you could be cited with trespassing. It’s really not worth the risk. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Every now and then I see a car going in my driveway at 1 o’clock at night turning around and leaving. We know this is tied with neighbors/renters we kicked out cause of “bad stuff” they did (they have a warrant for his arrest). The officers did leave us a phone#/email. I dont think the mysterious car they are the renters themselves, but they are definitely spying on us for some reason
I have recently setup a camera that has night vision and can read licences plates. How should I go about this situation if the same car keeps coming back?
Dear Enoch: Is it possible that your driveway is just a convenient turnaround since this happens “every now and then?” You could post a No Trespass sign where it’s visible from the street, or just live with the inconvenience. Otherwise use the number/email provided by the police if it continues and/or increases. Good luck.
(This is information only – not legal advice).
My supervisor threatened to charge me with trespassing for going to my car on my break while at work when I’m supposed to be on the property he just doesn’t want anyone going to their car is that even legal to say that?
Dear Monty: Depending on the laws where you work, going to your car on a break may or may not constitute trespassing. Most likely, it doesn’t. However, under the terms of your employment, as unreasonable as it sounds, it could be a violation of your employment contract. If, when you were hired, the rules were explained to you or you were given a copy of the rules, this may be included. If that’s the case, breaking the rule could result in consequences. Good luck.
(This is information only – not legal advice).
I was kicked off of a public basketball park by the police at about 10:45 and my city has a curfew of midnight the lights were on did he have the right to kick us off
Dear Connor: It sounds like the park was possibly closed even though the lights were still on. You could have asked the police officer why he was making you leave. Also, you could go back to the park during the day and see if there are park hours posted anywhere. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Thanks, very helpful. Now if only the Sacramento City Police Department knew and enforced the definition of trespassing they could have done something about “Olson” on 08/12/2017 at 1555 Sonoma Avenue! After being asked, repeatedly to leave my front porch after accosting me and aggressively threatening me about some “nonsense” the voices in her head were telling her had something to do with me! I really have no contact with this other Tennant at all, otherwise!
You’re welcome. -ATJ.info
Ok I have no trespassing signs up around my house I.have given.my sons dad permission to drop things off at our door before like 4 times but is it still trespassing if he shows up un.announced?
Dear Worried: You have to look to the specific trespassing laws where you live. Generally speaking, if you post “No Trespassing” signs, and then you give someone permission to be on your property, it isn’t trespassing when he comes by. You ca
n’t have it both ways unless you give him times, days etc. to drop things off.
(This is information only – not legal advice).
My roommate was told several times to not bring his girlfriend (who is a danger to me) onto our property. He sneaks her through my backyard and i eventually notice them. I have told her to leave and not come back. Her retort is always “sure” with a laugh and then she comes right back. What can i do about this? Can i get her charged for deliberately trespassing over and over again?
Dear Casey: It depends on the nature of your possession/ownership of the property. If you rent, take a look at the terms of your contract and see if it mentions visitors. What’s happening may or may not constitute trespass under the laws where you live. If, as you say, this person presents a “danger” to you, you could go to court and petition for a restraining order so she would be prohibited from coming to your residence. You don’t need a lawyer for this and most courts will assist you through the simple process of obtaining this order. You can also report this to the police and see if they’ll explain the applicable law to her. Good luck.
(This is information only – not legal advice).
what happens if under the kindness of your heart you temporarily allow a stranger to stay in a bedroom in your home while they get back on their feet and the person starts to taking advantage of that friendship and starts eating your food, breaking items, trespassing in private spaces like other bedrooms, dens, taking money out of your wallet, when they have state money and because you let them stay there out of the goodness of your heart and they took advantage of it how do you evict that person legally if they will not sign a contract? This person is a financial burden now jacking up A/C and heating costing money that i can’t afford to take care of somebody that i no longer want in my house. how do you get rid of that person that is no longer welcome in your home? This is in the state of Maryland. The person refuses to leave. I tried to get them to sign a contract so that they would leave and they defaced the contract and now they are harassing and threatening me that they are staying and will make me miserable
Dear Robin: You have several options in this situation. You can contact the police and tell them your story and that you want this person gone. The person is now trespassing since you have asked them to leave and won’t. Or you can go to court and ask for a restraining order against the person. Once served, the court’s order must be followed. You don’t need a lawyer for this. Any court will assist you with the application and then you’re required to explain what’s happening to a judge. Good luck.
(This is information only – not legal advice).
I was caught trespassing and the cops took down my information but they didn’t give me a ticket. I’m also a minor. Will they send me the ticket or come looking for me to give me the ticket?
Dear Juli: It sounds like you may have gotten lucky this time since you were not issued a ticket or citation. It’s possible that it may be sent to you in the mail, but the police had the opportunity to give you one when they made contact with you. The more time that passes, the more likely it is that you got away with a warning. Hope you learned from this as you may not be as lucky next time. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I had my vehicle towed to my friends house because my tail light went out and when I got to my vehicle it was moved from we’re the tow truck originally had parked it the doors were unlocked and many of my belongings were missing not to mention a battery that my friend had giving me 2 months ago when I asked what was going on he stated he used a shaved key to get into my vehicle moved it and took the battery he had givin me back and the other misc items that were missing he stated that it was a parking fee for my vehicle being on his property for 3 hrs do I have the right to get this guy arrested or at least call the police and make a police report .
Dear Tauna: You can always call the police to see if what has happened violated any laws where you live. You can also contact a local attorney for advice. We don’t provide legal advice to our readers, teen or adult. Take a look at our Teen Help Network for lawyers where you live: http://www.askthejudge.info/directory
Good luck. (This is information only – not legal advice).
Our backyard (about 90%) goes up against a county public recreational lake. We buy passes but aren’t allowed to go through our backyard. We are asked to drive all the way around and go through the front gate. Are we trespassing if we go through our own backyard? What would the police do if we continue to go through our backyard?
Dear Diane: AsktheJudge.info is an educational website for and about teens and the law. First, you could try speaking to some other officials from the county about this issue and see if they are willing to work with you. It could mean needing to petition for permission to access the lake through your backyard. Finally, you could check with your local court to see if they offer a free legal assistance program, which would allow you to meet briefly with a pro bono attorney. Many courts throughout the country have these programs. Good luck.(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
If a minor trespasses on a train track. Do officers report it to their parents?
Dear Junior: The officers may contact the parents, depending on their department’s policy. If the teenager is seen and warned more than once about being near the tracks, there’s a better chance the parents would be notified. Keep in mind that since it’s common sense to stay away from trains and the area around tracks, the defense that you didn’t see a “No Trespass” sign doesn’t usually work.
(This is information only – not legal advice).
Is it legal for a school officer to serve a trespass citation to a parent at their job?
Dear Jenette: Under the specific laws where this happened (city, county and state laws), it may be appropriate for the officer to serve the citation at the person’s place of employment. Every state has its own laws authorizing police and school resource officers to take action when laws are violated.
(This is information only – not legal advice).
I have someone I know that has illegally try to trap me they have Mini web night vision cams they look at me they hear me they’re taking pictures and video I have no transpassing signs and somebody entered my house while I was gone last night and put another infrared red light I seen light when I come up to my door
Dear Lila: You should contact the police about this and make a report. The police will let you know if they are going to investigate the matter and possibly criminal charges may be filed. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I have questions on how to go about the situation. These are neighborhood kids that live next door and across the street. We don’t have any kids here but they are always playing in our yard. I’ve had to ask them more than once to move away from my vehicle, which is usually parked infron of the house because they are throwing balls very close to it. They also litter in our yard and we’re stuck cleaning it up. If i get a no trespassing sign and they ignore it, & i call the police what is going to happen to them?
Dear Asia: It’s possible that the kids and their parents could face consequences especially if any damage is done to your vehicle, yard, etc. You would have to refer to your state’s trespassing laws to find out the possible consequences. However, before reaching the point of needing to call the police, consider going to the kids’ parents and explaining the situation and your frustration. Perhaps if the parents realize what their kids are doing and how it’s disrupting your peace at home, they will help put an end to it. Good luck. (Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Dear sir,
I am in the middle of an ugly divorce in Florida. My soon to be ex is living with her parents and a habitual drug user. She keeps coming into our family home and stealing stuff to sell and also my laptop that I use to work and provide for the family. I went to drop my kid off at her parents and asked for her to come out and talk. Instead she sent my other kid and he starting kicking and pulling his sister. I knew all of the stuff was in my car in my name that she is driving. I went to the car and broke the window out to get my stuff. She said that she was calling the cops. Enough is enough. Our kids are being brainwashed and she is taking my means to provide. Do I have any rights and can they file charges against me for coming on their property and breaking the window of my own car?
AsktheJudge.info is an education resource for & about teenagers and the laws that affect them. We do not provide legal advice to our readers, teen or adult. We suggest you speak with a lawyer who practices family law about your rights in this situation. Some offer free initial consultations, so ask about this if you call one. Good luck. -ATJ.info
Dear Sir, I am in need of some advice concerning my rights. I have a Granddaughter who lives with me along with my daughter. The father of my Granddaughter has stopped paying any maintenance and used the excuse that he no longer wants to see my face or my daughters. I have asked him via a email not to enter my property and to arrange for a member of his family to collect my granddaughter for his 6 hrs visiting order as he can be very aggressive which at times I find threatening. What can I do if he comes on to my property which is owned by me when I have asked him not to.
Dear Tracey: You have several options here. You can report his trespassing to the police and request their assistance. As a last resort you may consider a restraining order issued by a local court. You don’t necessarily need a lawyer for this – that’s your decision. Simply go to your local court and ask about the process to obtain this order. Keep in mind, if you do seek a protective order, he has a right to oppose it which then requires a hearing where the judge will decide if it remains in place or is dismissed. We suggest you speak with a lawyer about your options here and how best to proceed. Some lawyers off free initial consultations, so ask about this if you call one. Good luck.
(This is information only – not legal advice).
Yea ok a store said we was shoplifting in store but it wasn’t me or my friend. They put trustpass on me and my friend. We talk to one of the manager. They said no trust pass papers was on them and told them they could come back in. So we shopped and have been going in from 6 to 10 times . all at ones was in there and they called the cops on us after saying we could come in.. The store will not show tapes to the officer that on this case. The cameras. What can I do about this .
Dear Karen: If you are under 18, we suggest you talk with your parents about this. They can contact the store owner or manager to straighten this out. You need to know if there is an outstanding trespass order against you before returning to the store. You can do the same if you’re an adult. Ask to speak with someone in charge and see if you’re restricted from entering the store. If you don’t get any valuable information, it might be better to stay away from the store for a period of time – maybe a year or so. Good luck.
(This is information only – not legal advice).
I’ve been living with my wife for 4 years same apartment aparment manager never had a problem with me but now that our apartment is falling apart and has mold in it and it’s shifting rats trying to get in must I not remind you I’m not on lease but they know I’m here I call in work orders I pay the rent but yesterday she sent a letter saying I’m not allowed back on property filed charges on me after I told her I talked to her boss
Dear Lawanda: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local landlord/tenant attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Hi my boyfriend assaulted me, trashed my house and yard. His bail conditions say he is not allowed near or in my house but I came home yesterday and found he had been in my house and taken all his stuff, I contacted the police and they had escorted him into my house without contacting me or letting me know. Is this legal and is he still breaching his bail?
Dear Rhea: It’s going to depend on the specific laws of your state as well as the facts and circumstances. Police escorts are common for these types of situations especially if your boyfriend was living with you or staying with you frequently. You could try contacting the court and ask for a copy of the judge’s order and/or speak with a victim’s advocate organization if there is one in your area. Finally, you could also try contacting the police department and ask to speak with a supervisor to get more answers about the situation. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
My fiance rented some items from Aaron’s it was due on the 15th today is October 1st. My gate does not lock so I always put a chair with the legs and Between the Bars to hold it shut tight. They’ve come to discuss our account and push the chair before and my daughter was here by herself that time so I called very angry and told them the chairs there for a reason that if they move it to come on my property that is considered trespassing. I specifically told them not to ever do that again whether I answer my phone or not they did not care they said well you should answer your phone so forth. So they did it again today now mind you I could be in my yard with no clothing on because it’s my property and I have a chair against my gate I want to know even though it’s a Rent-A-Center and we’re two weeks late can they come on my property and push my chair back to open my gate can they do that after I’ve already told them not to
Dear Michelle: We are an education resource for & about teenagers and the laws that affect them. As such, we do not provide legal advice to our readers – adult or teen. We suggest you read the rental agreement closely to determine the rights and responsibilities of both renter and company. Good luck. -ATJ.info
My son has autizum and has had a few melt downs in Wal-Mart .I was at the Wal-Mart today my son was not with me and I was approched by Wal-Mart employer wanting me to sign a paper and he said my son or myself was allowed back in Wal-Mart or the police would be called.I was approched after buying my merchandise after being in the store for 1 1/2 hours.I feel as if we are being discriminated against.My son has a disability and can not control his melt downs that his disabiled causes.This happened in manassas va.Do I have any rights or is the store well within legal means to kick us out based on my son’s disability causing melt downs in the store?what steps should I take if I have rights within the law in Virginia?I don’t know what to do but I feel like this is so wrong when everyone at the store has been told my son has a disability that causes his behavior that he can’t help it.please help
Dear Kenny: You and your son do have rights in this situation. However, as an education resource only, we do not provide legal advice to our readers. We suggest you contact a local attorney who practices disability or health law and who is familiar with the Americans With Disabilities Act. Many lawyers provide free initial consultations, so ask about this if you call one. Take a look at our Teen Help Network for lawyers where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
Hi. Someone jumped into my vehicle with out permission where my wife and kids were. Is this trespassing? Can I press charges? They had no permission and I would have never aloud this. Police officer told me it was not trespassing but that just seems wrong! Please let me know. Thanks. Phil
Dear Phil: We are an education resource for teenagers about the laws that affect them. As such, we do not provide our readers legal advice – teen or adult. We will say, however, that what you describe sounds like a trespass, but that depends on how the crime is defined where you live. Could this have been a mistake due to the fact that so many cars look alike today. Google the name of your state or city and “trespass laws” for information on this. Good luck.
(This is information only – not legal advice).
Hi a few days back we went to a store in indiana. The owner was very rude and was cussing. It lead to a heated argument and we both called the cops. They gave us a field contact report where the reason was stated trespassing and the remarks was “do not return to ‘store name’. Will this show on my records. It was not our fault. It was the owner who was rude. Please advise.
Dear Poly: A “field report” is not an official record that would appear in a background check, whereas an arrest and/or conviction would. Follow the order not to return to the store, otherwise you could be charged with trespassing. Good luck.
(This is information only – not legal advice).
My girlfriend’s ex husband has been hiding in the woods sever times and pullud on our property today knocking on the side of house the cops where called and they said they cant do anything
Dear Matthew: You could consider posting a No Trespassing sign where it’s clearly visible from the road. Assuming your girlfriend has told her ex-husband that he’s not welcome at the house or on your property, if he continues to come over, you could consider a restraining order from a local court. You could also speak with a lawyer regarding your rights in this situation. Some offer free initial consultations, so ask about this if you call one. However, you don’t need a lawyer to obtain a protective order. Good luck.
(This is information only – not legal advice).
I live in ma. My mothers landlord says that she can no longer have anyone on the property at all and I was in the process of moving out of her house. He said he placed no tresspasing orders on my sister and I but i have never seen anything that says so. Am i alowed to go back to the property to get my belongings?
Dear Grace: As an education website for and about teens and the laws that affect them, we don’t provide legal advice to our readers. We suggest you check your mother’s lease and see what it says about visitors and trespassing. Also, your mother could ask the landlord for permission for you to come on the property to get your belongings. Good luck.
(This is information only – not legal advice).
Say my mother allowed me (with written permission) to move into my boyfriends apartment one or two months before I turned 18. Can she still get into legal trouble for trespassing to get me if she wants me “home” and I refuse.
Another thing once I turn 18 trespassing laws would apply correct?
Dear Kelsey: Unless you become emancipated or legally free from your mother, she is still responsible for you until you’re 18. That means that she can request that you move back home and make sure that it happens. However, depending on the circumstances as well as the trespassing laws in your state, she may not be able to just “enter” your boyfriend’s apartment without permission. Assuming the lease is under your boyfriend’s name, he would have a say over who comes into his home. Again, you would have to review the terms of his rental agreement as well as the trespassing laws in your state. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Some friends and i went into a abandon building because the door was wide open (but i did have no trespassing on the door) and after 5 mins of exploring the cops came and said its up to our city what happens. were all under age and i have a clean record. Any ideas to what will happen? This Is In Indiana
Dear Josh: You may get lucky this time and hear nothing further about this. It’s up to the property owner and local prosecutor. You could get a letter in the mail from the city offering diversion or payment of a small fine to settle this. If that happens, talk with your parents to help you decide what to do. Going forward, pay attention and obey all posted signs. They are there for a purpose. Good luck.
(This is information only – not legal advice).
Hi there, is it illegal to go into the backyard of an abandoned house when there are no signs saying no trespassing?
Dear Molly: You have to look to the trespassing laws in your state, but there’s a good chance that it’s illegal. Even if the home is abandoned, it’s still private property and does not necessarily require a No Trespassing sign in order to keep people off the property. You could Google the name of your state and “trespassing laws” for further information. Finally, whether or not it is considered “abandoned” legally, depends on a number of factors like the period of vacancy and the specific laws. Thanks for writing.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
We have a camera in front of our house and it caught a teenage trying to open my car door and I asked a cop what can I do he told me I couldn’t do anything cause the teen didn’t get in my car and I didn’t have a trespassing sign is this true that we have to have a sign in our front yard in order for them to do something.I live in Houston Texas.
Dear Paula: You need to refer to the trespassing laws in your state to find out more about your options and rights as property owners. Click here to read more about the trespassing laws in Texas. It seems that you need to give either written notice or verbal notice to a person that he/she is not permitted on your property. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
My mother in law landlord said that he has a no trespassing on my 11 yr old daughter. My question is can he put a no trespassing on my 11 yr old daughter. She has not done any damage to the property.
Can someone put a no trespassing on a 11 year old kid?
Dear April: If the laws in your state allow this, then yes, a “no trespassing” order may be issued against a minor. Just like a mall that bans a child or teenager from their property. If you google the state and “trespassing laws” you’ll be able to view details about the law that applies to your daughter.
(This is information only – not legal advice).
My landlord has had others (her friends)accompany her in our apartment during an inspection without prior knowledge to us that anyone other then her (landlord )would be present. Is she allowed to do this? Is this tresspassing,and or a privacy issue?
Dear Rebecca: We suggest you refer to the terms of your lease agreement. If it doesn’t say anything about your landlord having third parties with her when she inspects a property, then you could try simply voicing your concerns with her and asking for some privacy. Finally, if you need additional help, try contacting an attorney who handles landlord/tenant matters. Many attorneys offer a free initial consultation and your local legal aid office may be able to provide some assistance as well.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I live with my mother and brother and I just came to realize that my brother was going through the file cabinet and he took my vin number off my car title, then had keys made and goes in my car without my permission, and did not have my permission to have any keys made either, but when I’m not around or go for walks or basically not looking, he then goes through all my things in my car, including my private paperwork or anything he can snoop for, I’m very mad about it and I haven’t brought it to his attention about that I know what he has been doing behind my back, He also has put a GPS tracking device and a audio recorder in my car, as well as even my bedroom and wherever he can so he can snoop and I’m not sure why he is doing this but I am furious and want to put a end to all of it. He has no right to go through my things and video and audio tape me in my bedroom. What can I do legally about these matters and can I take him to court for wrongful invading my privacy and tresspassing in my car? I would appreciate your opinion as soon as possible so I can take matters in a legal way to stop all this. Thank you again.
Dear Debbie: Before considering legal action against your brother, confront him with what you know and find out why he’s doing these things. Hopefully, once he realizes you know, he’ll stop. If not, you could contact a lawyer and ask what you can do to put an end to his behavior. Some lawyers offer free initial consultations, so ask about this if you call one. Take a look at our Teen Help Network for lawyers in your area:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I wonder if anyone can help me. My 15 year old daughter was issued a criminal trespass warning and suspended from school for failure to stop when asked as she walked to the bathroom with a half hour of school being over. This seems extreme to me, but is it ultimately legal?
Dear Aimee: We suggest you look at the school’s Code of Conduct or Student Handbook for the rules about being on campus off-hours. These may be available online if the school has a website. Many schools have set hours for being there, and any violations may result in a ticket or citation. Good luck.
(This is information only – not legal advice).
I recently was expelled from school because when I was in gym my ex girlfriends new boyfriend came into the gym class where I was through a backdoor that she let him in through. he made some gestures and remarks and I beat him up. apparantley a teacher was hit and I was expelled through the school board, because of me grades I was able to return to school after 2 weeks. the other boy who didn’t attend our school was given a no trespass. well he shows up at my work calls names what have you. well now it is prom time which is a scholl activety and I don’t think he should be able to come to prom however the school principle said that he could. I am entitled to go to the prom why should he be allowed to go.
Dear Kyle: You don’t have any say in the matter since the principal is allowing him to attend. He must be going as someone’s date and as long as you both keep the peace, everything will turn out alright. If you feel he presents a threat to you, you can ask a court to issue a restraining order. Go to your local court and ask about the process. You don’t necessarily need a lawyer to get this. Good luck. Don’t let this get to you and affect your future.
(This is information only – not legal advice).
I have a trailer on my parents land but my father threw my boyfriend and father of my child off his land. I don’t have the money to move my trailer but until I can get my trailer can my boyfriend still come to my trailer. My trailer is at the edge of the yard close to the road. Can my dad throw my boyfriend out if he is in my trailer.
Dear Reader: Generally, the owner of the property can control who is allowed on the property. You have to look to the local trespassing laws to see what constitutes this crime. Google the name of your state and “trespassing laws” for information. You can also check the public library to see if any local ordinances exist on the subject. Good luck.
(This is information only – not legal advice).
Neighbor parks below stop sign at night and yells at my dogs. Caught them one day and they drove off and yelled that someone was going to be shot if we didn’t get the dogs under control. Next day When I opened the door one of the dogs were limping away from this massive truck, doors shutting and hurrying down the road. Inspected her and one of her nails had been ripped off. They were in our yard so they had to be trespassing and intentionally hurt her. Is there any legal thing I can do before they kill one of the dogs?
Dear Mom: First, you can contact the police to make a report. The police may investigate and depending on all the facts and circumstances as well as the laws in your state, your neighbors could face legal consequences. Otherwise, you could look into a restraining order, order against harassment or another similar order. You can contact your local court and find out if there’s a self-help center to obtain further information about these types of orders. Good luck. (Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
So I was at my girlfriends father’s place and he came home and caught us doing some inappropriate things. Although she invited me in, she is a minor , 17. Can I be charged with trespassing if he calls the police ?
Dear Joshua: It would depend on the trespass laws in your state. Every state has a trespass law, but they vary in what exactly constitutes trespassing. So, google the name of your state and “trespass” for information on this. Most likely, since the daughter invited you in, no trespass was committed. Unless, of course, her father had warned you in the past not to come to his home. Good luck.
(This is information only – not legal advice).
My grandson Jeremy uses my internet and he is a convicted felon. Should I not let him uses my internet? I think he is going to bad porn sites. What should I do. He locks the door to his room when he is here. I just found several bad website in the history. I may have to cancel the internet, but I use it to pay bills online, and message my VA doctors because of my bad health. HELP!
Dear David: If your grandson won’t follow your rules about his use of your computer, you need to put an end to his access to it. It’s just that simple. He can go to the public library where he can get on the internet 60-90 minutes a day for free. Plus, there, he only has access to approved websites. He’s taking advantage of your kindness and needs some boundaries. Good luck.
(This is information only – not legal advice).
My brother owns a paint and body shop, he decided on the side he would get a tow truck. The government required all employees of the paint and boy shop to undergo background check ( because that is where the tow truck is being stored) so now he has to fire a employee because they said he had to vacate the property and was not allowed back, he does have a felon, but he doesn’t drive the truck.. is this legal?
Dear Samantha: AsktheJudge.info is an education resource for and about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest your brother speak with a lawyer who practices business or commercial law. Some offer free initial consultations so ask about this if you call one. Good luck.
(This is information only – not legal advice).
I had a romantic relationshio with a gm of a restruant, we ended on a bad note. Today, I went in to eat and was soon surprised by a police officer. He escorted me out and told me to not return. When I asked why he said because the GM did not want me there. I feel she humiliated me without cause granted that I was just a guest and never even addressed her. Is this legal?
Dear Jamie: Depending on the laws in your state, owners of private businesses may have the right to refuse service to a member of the public. Whether this general manager did the right thing or not, what’s important for you to understand is that, since the police were involved, escorted you out and told you not to return, you need to follow that order. In most states, violating an order from law enforcement is a crime, not to mention if you return to the restaurant, you could be charged with trespassing. Make things easy for yourself and put this behind you. Good luck.
(This is information only – not legal advice).
My 16 year old son was with his little cousin and friends and decided to break into an old abandon baseball building. Thinking since it wasn’t being used it was ok. Well it wasn’t and now i have to appear in court. What will happen to my son? He is a good kid that made a bad decision.
Dear Ebonie: If this is his first offense, he will probably be offered a “diversion program.” That means if he admits what he did and then complete some community service, the charge will be dismissed and he won’t have a record. When you get to court the legal process will be explained to you. Tell your son that diversion is rarely available for a second offense, so he must learn from this experience and keep out of trouble. Good luck.
(This is information only – not legal advice).
i live in muncie indiana and my home is in an industrial zone and fenced completely in and has a locked gate at drive entrane. can the police enter my property over a child suport warrent and no search warrent
Dear Charles: That’s a good question. Unfortunately, AsktheJudge is an educational site for and about teens and the law. We suggest you contact a local attorney who handles similar matters. He/she would be able to answer your question based on the laws in your state as well as the specific facts. Your local court may have a free legal assistance program that would allow you to meet briefly with a pro bono attorney. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
in 2011 I was submitted a summons for trespassing somewhere that I had no idea was not allowed to trespass 4 years later I get a letter in the mail stating I have a warrant do I have to pay this warrant considering I live in New Jersey and I got the ticket in Pennsylvania or can I go to court and fight it because I did not know I was not allowed to trespass??
Dear Melissa: Lack of knowledge or intent is not necessarily a defense to a trespassing charge. For example, if there were No Trespassing signs posted and you did not see them or if you were not aware of the law to stay off of certain property, you do not have a legal defense. So, if you’re interested in fighting the charge, then you need to consult with an attorney in that state where the charges are filed to find out if you have a decent defense based on the facts and the laws in that state. Many attorneys offer a free initial consultation and may be willing to do this over the phone. Good luck. (Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I had alot of misdemeanors of trespassing while I was on drugs and when I got attested again the judge said I could give you community service but by looking at you I can tell you won’t do it because of your dog addiction do if you want I can combine all these misdemeanors and give you a felony count of trespassing so you don’t have to do time would you line that I said yes just thinking about my next hit then a couple of years later I got convicted of robbery in the 3rd degree since then I have been clean now for 7 years and I’m graduating college with a bachelor’s degree I know getting a job is going to be tough so I want to know if I can get a certificate of relief of disabilities of and for the robbery charge I did 4 months in Riker Island in new York never did state time so am I able to get the certificate
Dear Lisa: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you speak with a criminal defense attorney (public defender) about this. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I’m on probation and I received a trespass warning . Am I in trouble here ? I am really worried bc I have a young son and I really can’t get in trouble
Dear Bob: If all you received was a “warning,” then there shouldn’t be anything to worry about. A warning isn’t a criminal charge or a ticket. It’s just that – notice to stay away and don’t return to the site or property. Good luck.
(This is information only – not legal advice).
My husband and I are in bad relationships. A lot of misunderstanding. My parents in law are staying in our house (well, my husband bought this house himself, I am not on title, during our marriage) and they babysitting our daughter. I do not deal well with his parents and that’s where a lot of problems come from. I told him I want them to leave after them staying here 6 months. He extended their visa. He also tells me that he will not allow my mother to come to take care of our daughter. He will file for a trespassing. Can he do it? He refuses to pay for her preschool. He does not want me to work or if I work I have to pay for preschool. I can’t afford to pay for it. He is the main bread maker. So, my question can he file for a trespassing order for my mother not come and help me with my daughter’s care. Thanks!
Dear Chris: We are a website for teenagers about the laws that affect them. We do not provide legal advice to our readers.
We suggest you contact a lawyer about your rights in this situation. Some give free consultations for the initial visit. Ask about this if you call one. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
Can I be charged with violation of a protection order if the protected person trespasses intoomy home and refuses to leave?
Dear Paul: It’s always possible that you could be brought to court for violating a protective order. But that’s your opportunity to explain to the judge what happened. Depending on
the circumstances you may want to speak with a lawyer first. If you’re found in contempt of a court order, you may be facing some jail time. It’s always best to be prepared. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
After school me and my boyfriend decided to walk around the neighborhood. We ended up seeing this house that was for sale and my boyfriend tried the front door and it was unlocked. We were in there for mabey 10 minutes when the police escorted us out in handcuffs and made us sit in police cars till our parents came. I’m 15 and he’s 16 n we both live in vero beach Florida. A year ago I was with a friend and she got stealing and we both ended up having to take life classes ordered by the court since it was our first time. Since that happened will that affect my trespassing and what’s the worst penalty I can receive??
Dear Danielle: Since this is a minor offense, you may get lucky again and be offered diversion. So, if you admit to the trespass and then complete some community service, the charge will be dismissed. The exact penalty is up to the court and will be based on the trespass laws in Florida. It’s time to think about your behavior before acting. As you get older, the police and courts expect more from you. Good luck.
(This is information only – not legal advice).
I have a double fence in my back yard. My land Lord came and put a chain and lock on there so I can’t come or go in my back yard from that side fence. Is that illegal
Dear Kendrick: That depends on the property laws where you live. As the owner of the property, your landlord may be allowed to restrict certain areas from your use. Take a look at your lease for any mention of this. You could also contact a local lawyer who practices landlord/tenant law. Take a look at our Resource Directory for help in your area:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I was in the backyard of an abandoned house. I was not talked to about the incident, but I feel that it might have been trespassing. Any advice?
Dear DJ: It may have been trespassing depending on the circumstances and the laws where you live. If you don’t hear anything from anyone (police, property owner, etc.) you got lucky. If you get a ticket and have to go to court, explain what happened and you may qualify for diversion.
(This is information only – not legal advice).
Question, I was told by a home owner not to trespass on his home property. His ex wife legally lives at the same address and is moving out this weekend (while he’s out of the state). She has asked me to help her move. And basically her ex is jealous of me and doesn’t want me in the house. What, if any are my options
Dear Jeremy: AsktheJudge.info is an educational site for and about teens and the law. If you have been told to stay away from the property by the homeowner and go onto the property to help your friend move, ultimately you may risk legal consequences. If the homeowner told a neighbor to be on the lookout for you, the police may be called and it’s possible that you could be cited for trespassing. Perhaps you could contact the homeowner to explain the circumstances and that you would like to simply assist your friend move. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
“As A Virginia resident, do HOA covenants which, necessarily, do not enforce nor protect provate property, trump VA state requirement for due process placement of a “no trespass” sign prior to civil and/or criminal prosecution for trespass?”
Dear John: AsktheJudge.info is an educational site for and about teens and the law. We suggest you try contacting a property law attorney in VA for further information. The VA state bar association may be able to offer free assistance as well as your local legal aid office. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have a question that you might be able to help me with. I quit my job yesterday but me sister still works there and I’m her ride. Today she called me and said that the manager told her I am no longer allowed on the property so when I pick her up or drop her off that I have to park on the street but there is no parking on the street out side the building. I am very confused as to why he would say this because I haven’t done anything wrong. I wasn’t rude to anyone when I quit, I didn’t do anything threatening, I didn’t damage anything so the only reason he has for doing this is that he is mad that I quit. The warehouse shares a parking lot with other business and I’m pretty sure that they only own the building so my question to you is can he ban me from the parking lot when all I am doing is dropping off/picking up my sister?
Dear Danielle: If your former boss owns the property, he can ban you from being on it. Under the laws where you live, if you go on the property anyway, you could be facing trespassing charges. If you wait a few weeks or a month, he may reconsider the ban. Let him adjust to your departure. Then your sister can ask him to allow you to simply drop her off and pick her up. Good luck.
(This is information only – not legal advice).
Can a police officer , kick you out an area for no reason at all, but because you don’t live in that apartment complex?
Dear Will: Police officers are given quite a bit of discretion when it comes to exercising their authority. If the officer believed that you were possibly violating a law or about to like disturbing the police, disorderly conduct, loitering, etc., then it most likely was within the officer’s power to tell you to leave. If you continue to have concerns about how you were treated, you could report the officer’s conduct to the department or ask to speak with a supervisor. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
EvThe police came to my hOuse early one morning and took tags off my car took pictures of my back yard although we had cars in our back yard with no tags they was not seen from the road .then they came back later thatevening as though that had not been to my home but he slipped up and said he had pics …all this with an no yrepassing sign can they roam my property like yhis .I understand a knock and talk .
Dear Clevetta: Depending on the laws in your state, the police, when investigating a crime, have the authority to collect evidence. How and when they do this depends on the specific facts of the situation. If you receive a ticket or are charged with a crime, seek the advice of a criminal defense attorney. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
Iwas involved in a fight a few days ago and the police came to my door while i was at work giving me a trespass and a citation. How long does the trespass last for considering im 16 years old or would the trespass be dropped when im 18? And who do i go to in order to getr the trespass banning dropped?
Dear Ashley: Read the citation carefully. There may be a time period stated there such as six months or a year. If not, check with the property owner or mall manager about the length of the ban and how to have it lifted, if possible, earlier. Good luck.
(This is information only – not legal advice).
If I am barred from a public housing complex, and a public street runs through it, can I walk through as long as I don’t go their property?
Dear Janet: Trespass laws vary from state to state. You need to ask a police officer this question so you don’t end up violating the ban and getting charged with trespassing. We suspect your ban includes the streets going through the housing complex. Until you find out exactly what areas you’re banned from, it would be best not to walk through it on the street.
(This is information only – not legal advice).
I am a “cop” I was sent to a condo complex w/ approx. 50 units. I was asked to trespass a 15yr old boy from the property who has been a nuisance (loud parties, smoking weed, property damage, etc.) to many of the tenants for over a couple years. His mother has no control over him, but is named on the lease. I advised them that I was unable to trespass a minor from his “residence” and that they would have look for another option. They have reached out to the slum/landlord with no assistanceIs there any way the tenants can petition the court for assistance?
Dear Travis: The only option of the residents of the complex besides complaining to the landlord would be to call the police when a specific illegal act occurs such as reporting property damage, drug use, loud parties late at night, etc. Then it would be up to the police to investigate and possibly issue a citation. Thank you for writing us.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Would you explain to me why people consider being on roofs, fences, signs, walls, poles, planters, your own car, and basically anywhere imaginable that isn’t the ground itself “illegal to be on”? It’s completely ridiculous, especially if you have no criminal intentions and only want to sit somewhere and enjoy the view.
Dear Mhx Air: If any property is private property including property owned by the government or schools, etc. then the owners have a right to post No Trespassing signs and forbid the public from using it even if it is just a wall, roof, fence, etc. If you have the property owner’s permission to enjoy the view, then there wouldn’t be a problem. Sitting on your own car should not be an issue unless you are parked on private property and the owners don’t want the liability of a potential accident happening. Thanks for asking.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Recently had gone back with my ex broke up because he was cheating, well he begged and pleaded to be forgiven and another chance, then 3 weeks later I start noticing RED FLAGS, so I stay away from his place for 2 days on the 3 day stop by I tell him we need to talk he tells me he is working I tell him I will wait he didn’t want me to stay in his apt so I said OK I will wait outside ,thinking we could talk at his lunch time. Well he got in his truck and left I thought he was going to another property. So I went for a walk at one point I look at my phone to check the time and there is a text saying the police is on the way, my phone didn’t have volume so I did not know he had text so I start walking back to his complex where I had left my car and I receive another text telling me my car will be towed. Finally get to my car and leave did not understand why he was doing this apparently he went to get his boss and tell her to place a tresspassing on me, I didn’t understand why I had been staying at his place since we got back together. At this point I’m very suspicious either he is having an affair with his boss or another woman was in his apt and is coming back. Last summer he did the same place a restraining order because he was cheating that way he kept me away from coming to his apt well then he is calling me looking for me and telling me he is the one that is breaking the order not me, this is a game to him. He was told that if he is a victim of domestic violence he will be granted to be legal in this country he is illegal alien working with false documents.At this point I want nothing to do with him because he will always be a cheater and a liar. He has abused me physically and mentally and now has turned this around so that I look like the bad one. Last summer he did not show at the court and the case was dismissed, I have not been served papers yet but I know its just a matter of time, neighbors have told me the police was there looking at my car with his boss and they also told me the tow truck arrived within seconds of me leaving the property. I have been trying to get a lawyer but no one can help me because we arenot married do not have children or property in common. Can you give me some advice on what to do?
Dear Debra: Askthejudge.info is an education website for and about teenagers and the laws that affect them. As such, we do not provide legal advice to adults or teens.
We suggest you speak with a lawyer about your rights in this situation. Some provide free consultations, so ask about this if you contact one. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
an ex friend decided to try and move himself into my house he was told to take his things (and dog) and leave the property after taking our minivan without permission. We came home the next day to his dog in our back yard yet again. I contacted him via internet and told him to remove his dog and not to come back afterward. He showed up the next morning and broke into my shed to “get his stuff” I told him I would not unlock the shed and that I was calling the police. As im on the phone with the 911 operator he began opening the window (with a large knife he was holding when I found him in my yard) to the shed and pulling things out. When the cops arrived they helped none. I was told they would not allow me to press charges for he did nothing wrong. The police allowed him inside of my house to “retrieve his bellongings” when nothing of his was inside the house. Now things are missing. (I also have no tresspassing signa posted allll over my yard) is there anything I can do?
Dear Kaley: We don’t provide legal advice to our readers. This is an education website for and about teenagers and the laws that affect them.
We suggest you speak with a lawyer about your rights in this situation. Some provide free consultations, so ask about this if you contact one. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
Can I use a no trespass order to keep unruly, disrespectful teenagers that have been told not to be on property?
Dear Emery: If you have told specific people/teens not to be on your property and they ignore you by continuing to come onto your property, you may want to call the police and report it. They will most likely come out to your house or property and investigate the matter. Perhaps you could try talking to the parents especially if these are neighbor kids. Maybe if the parents realized what is happening, they can help put an end to this issue. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Can you get a criminal trespassing on your record if your 15 and it was for being on school property.. DURING SCHOOL HOURS, AND IF YOU ATTEND TO THAT SCHOOL?
Dear Katelyn: What you describe doesn’t sound like trespassing unless, even as a student at the school, you were told by someone in authority to stay away. For example, if you did something wrong and were given a three-day suspension and then returned to the school during the three day period. That could constitute trespassing. Check your Student Handbook to see if there’s any mention of trespass in it. Some schools have a website where you can look up the rules. Good luck.
(This is information only – not legal advice).
Please help my 15 yr old son and some other boys was caught on the railroad tracks when a train was coming and got off the tracks before it hit them the cops were called he ran and caught him later what will be the punishment he is facing in Missouri im scared he’s never been in trouble
Dear Lisa: Ultimately, it will depend on the laws in your state. Since he’s never been in trouble before, he may be offered diversion and given the opportunity to avoid a record so long as he completes the terms of the program. You will find out more when you go to court with your son including what his options are. Good luck to him.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My neighbor has recently starTed climbing my fence to my back yard and has threatened to call the cops if I don’t get rid of my Husky’s because they howl when we are not home. They are locked up in a building so the noise is a minimum. I was wondering because he is climbing up on my 6 ft wooden privacy fence if I can charge him with tresspassing. I feel he might do something to my dogs if I don’t get rid of them.
Dear Andrew: You can call the police and report your neighbor’s actions and then the police will decide whether or not to investigate and to file charges. The police should be able to tell you if your neighbor is breaking the law based on the laws in your state. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Recently I have had the police called for trespassing into a principals office, I meet with a police officer Wednesday to discuss what i will have done. Will I just be put on probation? Or will I have to pay fines and spend a few days in juvy? I’m thirteen and this is a first time offense. Thank you!
Dear Reader: Since this is your first offense, you don’t have to worry about being locked up. If you end up going to court for this, which may not happen, you will probably be offered what’s called “diversion.” So, when you complete some community service work, the case will be closed and you won’t have a record. It’s also possible that the police will just talk with you and your parents and give you a warning. Good luck. Let us know what happens.
(This is information only – not legal advice).
Hello, Can my step-son charge me with trespassing if his wife, my step-daughter in-law gives me permission to enter the home. Thank you
Dear John: Ultimately, it will depend on the laws in your state as well as the specific facts and circumstances. Your son can make a complaint or report the incident to the police, they would then decide whether to investigate or not and then it’s up to the local prosecutor whether or not to file charges (not your son). If charges are filed, you may want to speak with a criminal attorney about this to find out your options and what you’re facing if you take your case to trial. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My name was on a lease were my daughter was living. She didn’t pay the rent & she had to move.I had vacated the property. She would not leave,so I had to get a warrant on her to vacate. She finally moved out.
So,my question is..do I have to go to court to tell the judge that I want to drop the warrant?This is in North Carolina. I live in Virginia.
Thanks ~
Dear Karen: AsktheJudge.info is an educational site for and about teens and the law. Typically, once a warrant is issued, the prosecutor has decided to move forward with charges. Even if you explain that you want any charges dismissed, it’s ultimately up to the prosecutor. You can contact the court directly and ask a clerk about the process and if there is anything you can do. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My mother lives in senior housing, I am her caretaker and the building director had his lawyer write a letter banning me from being in the building visiting my mother and having lunch with her in the lunch room or sitting with her in the common areas. Can I go in front of a judge to fight this?
Dear Roger: This website is an education resource for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with the owner of the property about this. If you don’t get anywhere, you can consult with a lawyer about your rights in this situation. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
my friends son and a couple his friends were on the property underneath a major highway here in town and they were muddin. the game warden stopped them and gave the driver of the vehicle a trespassing citation. that driver is currently on probation for some other reason, not really sure what but, we’re wondering if the trespassing citation could affect his current probation? Would it be considered a violation?
Dear Cristi: Usually, any violation of the law is considered a probation violation. So his trespassing ticket may mean longer probation and possibly with additional terms. It’s up to the prosecutor and the judge assigned to his case.
(This is information only – not legal advice).
March 18, 2015: I heard an unusual bark coming from my backyard so i ran out back and i seen that my neighbors dog had jumped my fence which i have a no trespassing sign on my window and started to attack my dog. i got my dog away and as i started to pull him inside the neighbors dog attacked me. no the humane society here in nebraska finnaly found this man and allowed him to go free and also file a complaint against my dog cause he said my other dog that wasnt even invovled in the situation had bit him. so humane society went off of nothing but hersay and they came over with the cops and said i would be held in contempt of court if i dont give up the dog. so i asked how come they didnt do it to that guy. Any legal advice? is there any thing i can do to file a lawsuit in civil and criminal court. i have damages done to me and my family mentally and me physically. and now i have a dog that is in quarantine for no reason. please help me
Dear Adam: AsktheJudge.info is an education website for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you talk with a local lawyer about your rights in this situation. Many offer free consultations so ask about this if you call one. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
can I press charges on people I find in my car that are not allowed and they know
when im not around but some one else is driving by some body else
I know it sounds this sound silly and ridiculous but I feel very strongly about this
Dear Reader: That all depends on the trespass laws where you live. Google the name of your state and “trespassing laws” to read what constitutes trespassing. If no damage is done to your car, and the persons you don’t want in your car were there with the permission of the other driver, there’s little the police will do. This is a low priority incident as far as law enforcement is concerned. You might talk this over with whoever you loan your car to. Good luck.
(This is information only – not legal advice).
I was on my way to pick up my little brother when all of a sudden i made a wrong turn so i see an entrance that seems like a good place to turn around. On the entrance gate it says maitinance personel only but i thought i would be able to turn around i went on into this area to and make a u turn i exit this area and realize i am bieng followed by a maintanace man in his truck he takes a picture and leaves. will i be chraged for trespassing?
Dear Joel: It’s unlikely, but it’s possible since anything is possible. You may get a letter in the mail notifying you not to go on the property again. Pay close attention to trespass signs since people post them for a reason. Good luck.
(This is information only – not legal advice).
My friends and I were inside of an abandoned hospital when the police came and arrested us. The 17 year olds were held at the precincts while the 18 year olds(including me) were taken to the county jail. When we were arrested we were fully compliant and we were not mirandized when cuffed. Everyone that was in our group has never gotten into any trouble with the law, not even a parking ticket. When we are in court, what should we say and what do you think the outcome will be?
Dear Ron: We don’t provide legal advice to our readers since we’re an education site for and about teenagers and the laws that affect them.
Since this is your first offense, you may be offered what’s called “diversion.” When you complete the terms of diversion, the case will be dismissed and you won’t have a record. Good luck.
(This is information only – not legal advice).
Does the person that was served the trespass warning have to be served the the trespass warning?
On the said property
Dear Ashlee: If you mean does he have to be served the notice actually on the exact property he’s banned from, it’s a matter of local law. That would be an unusual requirement but not entirely impossible. Ask a local lawyer or the police. Good luck.
(This is information only – not legal advice).
If someone is trespassing on your property and gets there vehcicle stuck. Do you have to let them back on your property to get it?
Dear James: AsktheJudge.info is an educational site for and about teens and the law. You would need to look at the trespassing laws in your state to find the answer or you could contact your local police department as they should be able to help. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Hi,
I had terrible break up with my ex, and it turned into an all out feud. Needless to say he stopped paying our mortgage, and we were summoned to court. I decided to avoid any embarrassment for him (yes I didn’t want him embarrassed bad mistake) I told the deputy I would get the paperwork to him. I went to his work, nobody answered the doors or phones, he works for a utility company. At this point I had no way of contacting him because he changed his number. I called his work to get a message that he had very important business to handle that he needed to contact me. Well, I called twice, nobody would help, lines were disconnected it was a mess..court came and went, I showed he didn’t. About 3 weeks after this security guy drove an hour to my home, with a deputy I answered the door, his security guy started spewing out accusations and told me I was not allowed to contact my ex while at work, he then told me we had been broken up long enough it was time for me to move on. He said something to the effect that I could only contact him if I wanted to speak to my ex, and mentioned that I can’t go to their property. Well, a month or two later I was evicted from the home that we owned together. The deputy who assisted in the eviction told me to go to my ex’s work and ask him for money. I said I don’t have anywhere to go, I was by myself no family at all they were five hours away. I was a mess this day because I did not want to lose my home. So, I go and try and find community resources to assist me, the only money I had was money for my car payment. I was about 2 minutes from his work, I remembered the deputy saying to go to his work and ask him for help if he owes you money. So, I went to his work, I didn’t get out of my car, I had our dogs with me. I was hoping he would help if he saw our dogs. Well, I look up and I was surrounded by cops. I sat in a parking lot and waited for him. I was destitute. The deputy started screaming at me, in front of everyone, I said I can leave I was just needing help I just lost my home…he then charged me with trespassing….I said I am homeless I have no money…I told him that a deputy from the county I lived in said I could come here..he said that’s that county this is this county…I am a mess over this….what are my options.
Dear Anon: This website is an education resource for & about teenagers and the laws that affect them. We do not provide legal advice to teens or adults.
We suggest you speak with a lawyer about your options. Try Community Legal Services in your area for assistance. Some lawyers provide a free consultation for up to an hour. Ask about this if you call one. You can also check our Resource Directory for professionals where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
i have a land owner question i have about 10 acers of land an my aunt has one well i have allowed her access to go through my land now my question is she has a lot of people that constantly come over that cause nothing but problems and i want to know if there is anything legal i can do i own the easment and will alow her acess but can i put up a gate and only allow her and the residents of that house acess or is there nothing i can do
Dear Billy: AsktheJudge is an education resource for teenagers about the laws that affect them. We do not provide legal advice to teens or adults.
We suggest you talk with a lawyer who practices property or real estate law. Take a look at our Resource Directory for professionals in your area:
http://www.askthejudge.info/directory
Good luck.
Are bill collectors allowed to come to your home? Can an HOA tell a homeowner that he/she cannot post No Trespassing signs on his/her property?
Dear Wesley: This website is an education resource for teenagers about the laws that affect them. As such, we do not provide legal advice to adults or teens.
We suggest you speak with a lawyer who practices landlord/tenant or property law. Take a look at our Resource Directory for professionals in your area. Good luck.
http://www.askthejudge.info/directory
One of my Old friends told a school I recently graduated from that I was going to blow it up, The truth is I was playing Call Of Duty and told him that I just finished blowing up an enemy compound. The police showed up as well as the school district people and told me that I was trespassed from all school properties for good. I mean considering the fact that my friend is mentally retarded and they believe him. I have no idea what to do…
Dear Cam: We suggest you tell your parents what happened so they can look into it. They may want to talk with the police and school officials to clear this up. Until then, don’t violate the trespass order or you could be charged with a crime and end up in court. Good luck.
(This is information only – not legal advice).
i never been in jail, and i was charged with a criminal misdemeanor at age 16. i was tresspassing and i didnt even know it and i broke the bathroom sink by accident i wanted to know if that can affect me in having a career in future or getting a job?
Dear Beautifully_Unknown: It should not affect your ability to get a job or have a career down the road. First, you need to know how was the matter resolved. If you went through a diversion program, then you may have no record at all. Contact the court and request a copy of your record so you can see what, if anything, appears on it. Then you can request an expungement of your record if necessary. You can ask a clerk at the court about how to begin the process. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have a rental in Arizona and my tenant is allowing unsupervised minors to stay in the rental. Can I legally add a strict rule stating no unsupervised minors allowed in the rental other than her children Thank you
Dear Mrs S: We understand your concerns. You will need to check the landlord/tenant laws in Arizona for a specific answer to your question. Many attorneys offer a free initial consultation or you could try calling a legal aid office as they may be able to provide some free assistance. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My wife and son moved in her parents property when we did the place was not even have water the pipes vwere busted an waterheater was out. there were 80 cats living in it so what im saying is it had been abandoned for about 3 years. the agreement was to fix the place up and eventually sign the place over to us until we did 3 years of work painting plumbing carpentry ect.. and the cops show up and say he said he didnt know we were living there and made us leave after going to jail only verbal agreement. he completely lied my son was in school there for the 3 years. all utlities were in my wifes name
Dear Rick: AsktheJudge.info is an education website for & about teenagers and the laws that apply to them. We do not provide legal advice to teens or adults.
We suggest you contact a lawyer to discuss your legal rights in this situation. Take a look at our Resource Directory for professionals in your area. Good luck.
http://www.askthejudge.info/directory
(This is information only – not legal advice).
I live in a duplex (2 to a building) in Florida. The building & closest unit next door got new tenants (rental unit). The problem is the children are constantly unsupervised and go in any and every yard they choose. We have gravel in our driveway theirs is dirt… these kids get handfuls of rocks at a time and find enjoyment in throwing rocks in the road, yards, buahes, and even into my driveway (toward my car). I’ve politely asked these kids to not mess with the rocks because we paid for them to be installed yet they continue.
We have a strip of land between the buildings that has gates for each of our back yards (separately fenced but together) and they constantly play, yell, fight, holler, etc in the strip of grass (standing in the road and looking at the fence line in the back yard you can see the strip is majority ours, not theirs). I have a crepe myrtle next to my driveway in the strip and they constantly climb in it breaking off branches and destroying the tree.
I have have a “no trespassing” sign on my front door and on my side gate between our buildings, yet they constantly help themselves to access to MY back yard.
Am I able to say something more to them?
I’m thinking of running a rope with stakes and flags along the property line extended from the back yard gate to the street to TRY to keep them out. Would I be at fault if they got hurt (like sitting on the rope or trying to jump over it and falling, etc)?
I’m at my wits end… im afraid if I contact their rental company it’ll cause tension between us and I don’t need that being so close to them (i also don’t want dents and scratches on my car, cracked windows, damaged trees, litter, etc)
Dear Jenny: You didn’t mention talking to their parents about this. That may be the best way to get them in line. Since you hesitate to speak with the rental company, you’d probably prefer to not involve the police. But if they continue to misbehave (trespass, property damage), a visit from a policeman may do the trick. But, you’re right, you risk a friendly relationship with the family. Good luck.
(This is information only – not legal advice).
The father of my child asked me to drop our son off at this house after my visitation time, but then told me not to step on his property. Am I tresspassing if I walk our son to his door?
Dear Katie: It depends on the court orders, circumstances and laws in your state. Look at any court orders and then try to work an agreement out with him. Perhaps he can do the picking up if he doesn’t want you on his property or you can meet at a public place. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I am a 23 year old male in Connecticut who was issued a trespassing ticket because myself and 3 friends were trespassing on the grounds of a deserted mental hospital. 2 of my friends were climbing on the building and myself and another were on the ground. The officer said he didn’t care if we were walking around but issued tickets to the 2 of us on the ground for climbing on the building. The 2 on the building had run away. I pled not guilty because I was not on the building but then missed my court date. I followed up a few days after court date with the police station and courthouse and was told I had to wait until they issued a warrant for my arrest. This is my first offense, is it possible I could go to jail for this bad decision? I am a full time college student with a part time job and cannot afford an attorney.
Dear Ronnie: It is unlikely you’d go to jail for the trespassing charge. However, missing a court date is taken seriously by all courts across the country. Once the warrant is issued, you could be picked up on it and spend a few hours or day in custody. Try to find out when it will be issued and you can turn yourself in so as to avoid a lengthy period waiting for the next hearing. You can also talk with a local criminal defense attorney about this. Many offer free initial consultations. Take a look at our Resource Directory for help in your area:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I recently broke up with my girl friend we lived together in her apartment for 7 months, After the break up i kept a key that she never asked for back. we got into a big argument and i decided to take some more belongings furniture that i left behind. I went once when she was not home to not cause further problem. i picked up my items which i have statements and bills thats till arrive to her apartment. and left her a note with her hey. she than called the cops and i was arrested for trespassing. also she filled a restraining order against me. we have court in january. what should i expect? anyways i can fight this? I have proof she never asked for the key back and proof i lived with her. I was not on the lease Advise.
Dear Jonthan: As an education site for & about teenagers and the laws that affect them, we don’t provide legal advice to adults or teens. You can speak with a local criminal defense attorney before your hearing in January or wait until the court date when the legal process will be explained to you. Either way, don’t miss the hearing or the judge may issue a warrant for your arrest. You do have a right to “fight this” and should discuss that with a lawyer. Take a look at our Resource Directory for help in your area:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I was out in a park that said closed at dark with a friend that is 21 and im a minor and when the police came and asked for my date of birth i lied and after that they called my mom and said they were going to call her the next day, but the officer let me and my friend go with didnt receive anything. Im afraid what is going to happen next since i lied about my age, what is the penalty?
Dear Angeles: Since you haven’t heard back from the police and you were let go, you may have gotten lucky this time. You may not hear anything further about this incident. On the other hand, you could receive a notice in the mail about a hearing in court for trespassing but it’s unlikely. If that happens, don’t miss the hearing and when you go, the legal process will be explained to you then. Good luck.
(This is information only – not legal advice).
Hi. I was recently given a citation for trespassing on school grounds. 63.94 LAMC trespassing on a school campus. Was wondering if I could go to jail for this, it is my first time dealing with law. I decided to hang out with my friend at my previous high school since it was the last week of school and basically classes were done with teaching. But it went all downhill after the teacher for 1st period did not recognize me and kicked me out of the class. After I decided to hide in the restroom for the meanwhile. But the dean had caught me for being there for too long. After cooperating nervously with the school staff they called a police officer which he then arrested me. And further questioned me in his police car, telling me about what I had done since I could of been there for worse. In the end he just gave made me sign the citation to appear in court in 2 months. This is my first time dealing with the law.
Dear Max: Since this is the first time you’ve been in trouble with the law, you may be offered what’s called “diversion.” That means when you complete some community service, the case will be closed and you won’t have a record. The legal process will be explained to you when you go to court. Discuss this with your parents – they may want to talk with a lawyer before your hearing in court. Good luck.
(This is information only – not legal advice).
My friend that I had stayed with off and on was out of town and had given me permission to come over anytime I needed to so when I went over there after a lil spat with my gf a neighbor called and said I was breaking in the cops came i was arrested cuz they couldn’t reach the homeowner now im going to court trying to deal with this mess but my friend is back and says he will go and tell them I had permission will these charges go away they charged me with burglary
Dear Andy: If your friend can vouch for you that you were not breaking in and that you had his permission to enter in his absence, the case should be dismissed. If this doesn’t happen, you may want to speak with a defense lawyer. Take a look at our Resource Directory for help in your area:
http://www.askthejudge.info/directory
Good luck
(This is information only – not legal advice).
I was waiting for a bus in front of a church I set down on the church steps and a cop approached me and took me i was trespassing and give him my identification when I couldn’t produced identification he arrested me and took me in for facial recognition then when I came back negative he release me with two tickets
Dear Mitchell: If you decide to fight these tickets, talk with a lawyer first or when you go to court, ask for a public defender to represent you. If you qualify, a lawyer will be appointed and you can explain what happened. Take a look at our Resource Directory for help in your area:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I have 2 small dogs. When we are outside in my yard, a young lady brings her dog into my yard on a leash to poop & pee. I have asked her politely not to bring her dog to my yard, as my dogs are stronger than I am and if they could break loose they would hurt her dog, and would get hurt themselves. While she stands in my yard my dogs are doing everything they can do to break loose. It is all I can do to hold onto the two leashes. I am 80 years old and am not as strong as I used to be. When the young lady refused to leave my yard I told her that she was trespassing and that if she returned to my yard again I would call the police. She thought it was all funny and remained in my yard long after she was asked to leave. I continued to try to convince her that she should not come back into my yard. I said, I do not bring my dogs to your yard; please do not bring your dog to my yard. She stood her ground saying that she wasn’t in my yard but was on the curb. What is my legal right here? As I understand Florida law I don’t have to have a “No Trespassing” sign in my yard to be within my legal rights. Can you help me out here? I do think this young lady doesn’t realize what my rights are. Please advise. Thanks Alyce
Dear Alyce: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact the police department and ask if you can report her and if they will take action if she continues to bring her dog on your lawn. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I I was looking for arrowheads in a field. I never seen any No Tresspassing signs.. A Florida Gang Worden came across the field and we was all charged for Tresspassing..
Dear Outlaw: If this is your first offense, you all may be offered a diversion program and given the opportunity to avoid a record so long as you complete the terms of the program. If you feel that you want to fight the charges, then we suggest you speak with a criminal defense attorney about the facts of your case based on the laws in your state. There may have been signs posted in another area or maybe a fence somewhere. You would have to look to the specific laws in your state to find out whether any possible signs posted were substantial enough to give the public notice that it was a private area. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I was trespassed from my old church without knowledge of it, I went to pick up some of my old belongings and ask my pastor a question when a member told me that I was trespassed. I told the member that I did not believe them, and asked why I was trust pass? When I was about to leave the police came and arrested me for trespassing. Can I be in trouble for trespassing if I did not know I was trespased? Is a church considered private property? Can I be charged for something I did not know?
Dear Jady: In most cases, churches are considered private as opposed to public property. And, yes, you can be trespassed from a church’s property. If you end up in court for this, explain what happened and that you didn’t know you had been trespassed by the church. You may get a break. However, ignorance of the law is not always a defense to a crime. Good luck.
(This is information only – not legal advice).
I was walking with my wife and her parents down a beach in Washington State. A headlands jutted out into the water so we climbed up the headlands and started walking up there for a short time (we knew it was private property). A homeowner came out and started yelling things like “Make yourself known!” “Who are you?” It was daylight, we were totally non threatening, we knew we were caught, but this individual was flipping out. We explained we were vacationing neighbors from a few lots down. He was irate, accused us of trespassing, and said we had to leave by walking up to his driveway (perpendicular to the beach) and leave by way of his driveway. We said sorry but no, we were going to continue on. We swiftly walked toward the next property and he started yelling that was trespassing also and we had to leave from his driveway. My mother in law got scared and listened to him and just walked up the driveway to go back to our cabin. He kept yelling at us as we continued to the next property.
Did he have any authority to tell us in what direction to leave? If we were less than half way through could we have gotten in any more trouble by not turning back if he told us to? I just want to know for the future, if I get caught trespassing, do I have to follow any orders from the land owner?
Dear Steve: AsktheJudge.info is an education website for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
However, your question is one that applies to teens as well as adults. So, we suggest that any trespasser faced with the home or landowner, follow his/her directions unless they’re unreasonable, unlawful or a risk to one’s health. The owner may direct your exit one way or another and it’s best to listen since you’re already on the property unlawfully.
(This is information only – not legal advice).
Me and three other friends were driving around an abandoned small village and we got lost. The cops showed up and gave us tickets for trespassing. We did not see any ‘no trespassing’ signs and it was dark. What could happens to us? and is it likely that our cases will get dismissed?
Dear Jake: If this is your first offense, there is a possibility the charges may be dropped. The explanation that you didn’t see any “No Trespassing” signs usually doesn’t fly. Generally, ignorance of the law is not a defense. You may be offered what’s called “diversion” which means when you complete some community service, the case will be closed and you won’t have a record. Good luck.
(This is information only – not legal advice).
A student texted her adult brother to come to school to beat up my son for patting her on her shoulder and say hey to her. while they were switching classes her brother stormed onto school property shoving students out of his way to get to my son and shoved my son against the wall and threatened to break his neck if touches his sister again. My son was given a one day in school suspension for the situation with the girl. However, the intruder was not arrested. The assistant principle told me that he would get trespassing charges for coming on campus. During the conference with the officers and assistant principle I was told by the officer that my sons ok, he’s not hurt In a nonchalant tone. When I asked why was the intruder allowed to leave the assistant principle told me they couldn’t force him to stay. the officer then told me oh we know where he stays that no big deal nonchalantly again. There weren’t any school officials around when this happened. The school campus is an open campus and the students walk from one end of the campus to the next without the proper authority present. The officers told me that If I pressed charges against the man that assaulted my son that the mother said she would press charges against my son. I pressed charges, however, I don’t feel as though the school acted in according to their responsibility to the safety of my son and attempted to make light of a serious situation. What should I do to further to ensure the safety for my children while in the care of the school.
Dear Nicole: You could try bringing the matter to the school board’s attention for further discussion. Also, the superintendent may be another person to contact. You may want to check the school’s Student Handbook for any specific rules/policies that may be outlined about non-student visitors on campus. Good luck to you and your son.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Me and a buddy were on posted private property which we did not know it was posted at the time, at a bonfire and moved some pallets from a trash pile to the fire pit. We still had a pallet in the back of the truck along with a gas can. When we left the fire was out, immediately after pulling out a cop was waiting for us and gave us a summons for Criminal Trespassing. Any advice to fight the case or have it dropped? We contacted the property manager and offered our services but he said “There is an affidavit in place that will not allow them to have charges dropped”
Thank you!
Dear Jordan: Since you already contacted the property manager, there is not much more that can be done other than wait to go to court and see what they are offering you. If this is your first offense, you may be offered diversion and given the opportunity to avoid a record so long as you complete the program. You could look into consulting with an attorney if you believe that you need one after going to court. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Saturday my boyfriend jumped the fence of my dorm to my college to see me, because i was raped multiple times and the guys here knock on the door to scare me at night so i ask him to stay the night. Curfew is 2 a.m so I sign him in then he leaves at curfew but he comes back and jumps the fence to stay with me. He was caught once before but they just told him that he is banned from the dorms but not the campus. Well i had my family over to meet him while he was here–he jumped the fence and then he left and came back and tried to sign in but the lady recognized him and called the campus police, which took him to Jefferson County Jail in Beaumont, Texas. When is he getting out? Is it serious? When will I see him? Is it my fault? I need to know how long he will stay in there.
Dear Monet: We’re sorry to hear about your circumstances. It’s possible to be arrested, taken to the police department, fingerprinted, etc., but not actually booked into jail. They maybe just wanted to be sure to get his information in their system so that trespassing charges could be filed or to have all of his information in case he violates curfew again. If charges are filed and it’s his first offense, he may be offered a diversion program. If he was booked into jail, it’s unlikely that he would be kept for very long. We strongly suggest that you talk to a professional like a therapist about the sexual assault you experienced. There are resources out there that can help you. Please take care of yourself.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I’m at a hunting camp, and my cousin and I were going to go across the road on a Mule to go on trails. The problem is, we aren’t sure if someone could possibly be hunting over there. If perhaps there was a hunter, could we be charged? We know there are no “no trespassing” signs over there..
Dear Samantha: Based on what you have described, it sounds like you could be charged. If there are No Trespassing signs and you do not have the owner’s permission to be on that part of the premises, then you would be breaking the law if you entered that area. Talk to the people in charge at the hunting camp to find out if you can enter the area you and your friend are interested in. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I am in college and i live in the dorms and the curfew is 2 a.m. but i have been raped multiple times and have guys knock on my door as a prank to scare me so i ask my bf to stay with me. I sign him in, then he leaves at curfew time but jumps the fence so he can stay with me. An officer caught him, and gave him a warning saying that he can go to jail for trespassing, so my boyfriend stopped and i stayed with him at his apartment. Another incident happened and scared me so that i begged my friend to stay with me but she works late so i asked my boyfriend and he said yes, but when i was trying to sign him in, one of the security guards recognized him and called the cops and the cop put him in handcuffs and said he was going to jail. What is going to happen to him? When will i see him again?
Dear Monet: We’re sorry to hear about your circumstances. It’s possible to be arrested, taken to the police department, fingerprinted, etc., but not actually booked into jail. They maybe just wanted to be sure to get his information in their system so that trespassing charges could be filed or to have all of his information in case he violates curfew again. If charges are filed and it’s his first offense, he may be offered a diversion program. We strongly suggest that you talk to a professional like a therapist about the sexual assault you experienced. There are resources out there that can help you. Please take care of yourself.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Could you get a lawsuit if you were sitting on a person you knows porch with them sitting with you but then when they ask you to leave you dont
Dear Emily: They could contact the police and report the incident. Whether or not charges would be filed would depend on the laws in your state as well as the decision of the prosecutor’s office. Ultimately, you could risk being cited for trespassing so it’s best to leave when asked to do so. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
If If was accused of stealing when I didn’t mean to (I forgot the item was in my hand before I left) and banned from a store but never signed a paper saying I was banned can I still go to that store without being charged for trespassing?
Dear Anomo: That depends on the store owner and the local police. Since you were verbally notified not to return to the store, we suggest you follow that order. It is possible to be charged with trespassing even though you didn’t sign anything agreeing to the ban. Why press your luck? Good luck.
(This is information only – not legal advice).
My boyfriend was issued a no trespassing order into my apartment complex for apparently speeding. Is there anyway I can fight this?
Dear Jessenia: We are an education resource for teenagers about the laws that affect them. We do not provide legal advice to our readers. We suggest you contact a local lawyer to assist you. Some provide free consultations, so ask about this if you call one. Take a look at our Resource Directory for professionals in your area:
http://www.askthejudge.info/directory
Good luck.
Ok here is my problem my son and friends wentvto country concert this men in car were thowing beer bottles at them and started a fight my son and friends 18 wellone friend walked up to car to ask why are you doing this to us the man opend cat door hit him knocked him down and pulled him in car punching him my son walked over to car yo get his ftiend out one man punched him as he was pulling friend out car 18 year old got arrested for burglary on an occupied dwelling and also assault and charged with felony 1 when it was self defense as they were in fnear of there lifes how do i help this good boys never in trouble ever just good boys
Dear Brooke: Once the boys go to court for this, they may have a chance to request a public defender to represent them. You can also decide to hire a lawyer for your son. He or she will know how to present their defense to the charges filed against them. Good luck.
(This is information only – not legal advice).
I have a question. A “friend” and I were parked in a vacant. parking lot talking n messing around in my car. We may or may not have been there before. A man on a mission came around the corner took our tag numbers and made a call. We left. He left. Will there be any type of consequences to this and if so what could I expect. No law was involved nor did he try to block us and call the law.
Dear Curious: If you were trespassing on this property, you could hear from the police if they decide to take action. You may simply get a warning this time or you may hear nothing further about this. Be careful where you park since you can trespass without knowing it whether signs are posted or not. Good luck.
(This is information only – not legal advice).
I’m from Cedar Rapids Iowa and I’m wondering if when you have camera system up on a business do you have to post you have it and you will and can use the video it the court of law
Dear Jeni: We are an education website for & about teenagers and the laws that affect them. As such, we don’t provide legal advice to our readers.
Your question may relate to a specific law in your state, but generally you don’t have to post such a notice. Most people today realize that cameras are everywhere and you act at your own risk when out in public. We suggest you ask a local police officer or attorney. Good luck.
(This is information only – not legal advice).
So a while back me and two friends went on the roof of a dollar general for not even 2 minutes then got down and we were walking then the store manager/ owner came speeding around the corner in his car and chased us in his car and he hit one of my friends with his car and chased me and the other then he caught my other friend and we all got a record but I’m the only one that got probation and community service. and also my friend that got hit by the car was in the cell at the police department and had to sit there while a police man told him that his mother dosent love him and all that. the store owner dident press charges. but the others were not faced with consequences but i still got probation for 6 months and 10 hours of community service etc. should any of this of happened or what should be happening?
Dear Josh: We are unable to comment on your situation since you’ve already gone through the system and are on probation. Your questions should have been asked before you admitted to anything in court. You can talk with your lawyer (public defender) about this. Good luck.
(This is information only – not legal advice).
I was hanging out with my gf in my car on a driveway in the woods (the road was abandoned and there were no signs posted). When I left, a woman saw us leaving and wrote down my license plate number. What could I expect in terms of police interaction?
Dear Brad: That depends on a few things: private v. public property; local laws; whether the police would even bother to track you down in view of the minor offense, if that. If you do receive notice in the mail, wait until your court date (which is unlikely to happen) and then your rights will be explained to you. Good luck.
(This is information only – not legal advice).
Me and my friends were invited to a newly bought house by a friend named Nick. We were just hanging out in his backyard just talking. Cops came and some people ran away. I was one of them, they just charged for trespassing. The kid Nick ran away and never confirmed it was his new house. Now we have court if the original owners decide to press charges within 6 months. What will happen if they press charges and i go to court? Whats my punishment?
Dear Jim: If this is your first offense and you’re only charged with trespassing, you can expect to be offered “diversion.” That means if you admit what happened and then complete some community service, the case will be closed and you won’t have a record. It is possible the owners won’t press charges. We hope you learn from this incident. Good luck.
(This is information only – not legal advice).
i went to a bar with my friends. I am underage (19), didn’t use a fake ID and only drank a soda. The bar was raided and i was given a verbal warning for tresspassing. i am concerned that i could loose my scholarship. What will happen to me legally ?
Dear Laura: Since you were given a verbal warning, there’s probably no official record of this incident. We don’t think anything will come of it unless you return to the bar after being warned to stay away. Good luck.
(This is information only – not legal advice).
Sir,
My name is Evan, I have called dibs on my Senior Class Graduation Prank for the year of 2015. I have this idea of me and the bunch Senior Class staying in the school until it closes, and then coming out at night to cover the hallways in sticky-notes and/or a sheet of paper that states: “Kiss My Class 2015” with my tape. Would that considered trespassing and obstruction of public property? Reply at your earliest convenience. Thank you for you time.
Dear Evan: Most likely your school has specific hours when the public, including students, are permitted on campus. Take a look at your Student Handbook or on the school’s website for the hours and days. What you suggest may constitute trespassing under the laws in your state and under school district policy. Whether the school decides to take action against you for this prank is another question. Simply posting sticky-notes throughout the school may not rise to the level of property damage if that’s all that’s done. We suggest you consider, as in every act, possible consequences for this prank. You don’t want to jeopardize walking with your class or attending graduation events. Good luck and congrats in pursuing your education. Continue on.
(This is information only – not legal advice).
If a student is asked to leave class for insubordination (refusing to do work) and he refuses to leave, can the teacher call the school cop, have you arrested,and charged with trespassing?
Dear Wheeler: Depending on the school rules and laws in your state, this may be possible. Take a look at your Student Handbook for mention of classroom presence and how a teacher can handle an insubordinate student.
(This is information only – not legal advice).
Hello there,
I love in MA and rent a house and property. Of lately, I have been having lots of issues with repeated illegal eviction attempts and harassment by landlord and their family. Can her 16 year old son come to the property I rent wth his friends whenever he wants and do what he pleases? Of them coming here all the time has basically made my kids and I prisoners inside our home.
Dear Stressed: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. As such, we do not provide legal advice to teens or adults.
We suggest you contact a local lawyer who practices landlord/tenant law or possibly Community Legal Services. You can also take a look at our Resource Directory for attorneys:
http://www.askthejudge.info/directory
Good luck.
When I was 16 I got charged with possession of paraphernalia and possession of marijuana. I took diversion and got the charges taken off my record. Not to long ago me and a couple friends were on top of our schools roof and the janitors called the cops on us. We got cited with trespassing and vandalism because the janitors said we broke a fence to get on the roof even though it was already broken. I know I can’t take diversion again so what exactly are my options? I’m still 16 so will this get sealed from my record after I turn 18? The cop said we wouldn’t be able to get vandalism off our record but we’re going to try and overturn that because we didn’t break the fence.
Dear Levi: When you go to court for these new charges, you’ll have a chance to discuss the case with a public defender or your parents can hire your own private defense attorney. It’s their call. You may not be eligible for another diversion program since it’s usually for “first-time” offenders and not repeat offenders. However, depending on what ends up on your record, you may be able to apply for expungement after you turn 18 or 21. That depends on the laws in your state. Good luck.
(This is information only – not legal advice).
I’m 16 and my boyfriend is 19 & I allowed him into our house without my parents being there. Now my parents are being petty & want to press charges for trespassing. Can my boyfriend actually get in trouble for my dumb mistake ? Btw, I live in Pennsylvania for better accuracy.
Dear Angie: Google “Pennsylvania trespassing laws” for the specifics on this situation. Since your boyfriend is an adult and not the owner of the house, he could get into trouble by coming on to the property without your parents’ permission. Even more so, if he was told by them not to be there and against their instructions, he did come into the house or even into the yard. If he gets a ticket or citation into court for trespassing, he can discuss this with a public defender or lawyer of his choice. Good luck.
(This is information only – not legal advice)
Hi I’m 26 and I live in jersey I got a summon to appear in court cause I was at Central Park after 2 I never new the park was close since the doors were wide open, te police told me it was just a warning no fine involved but now that I’m reading the ticket it’s says I have to be in court at 9:30 am I was wondering if this will affect my record and if I have to hired an attorney?
Dear Luis: AsktheJudge.info is an education website for & about teenagers and the laws that affect them. We do not provide legal advice to adults or teens.
We suggest you not miss the court date where the legal process will be explained to you. This trespassing charge shouldn’t affect your record especially if you’re offered a “diversion” program. Discuss this with the court (probation) officer you’ll see at court. It’s your call whether to hire a lawyer or not. You may have a chance at court to meet with a public defender. Good luck.
(This is information only – not legal advice).
I live with my common law Spouse at my parents house and my older brother lives downstairs. He verbally agreed not to invite his one friend over who was aggressively rude and hostile towards me. However he has broken that rule and invited him over. I am not the property owner do I still have the right to call the police on grounds of trespassing?
Dear Sally: That depends on the trespassing laws where you live. Google the name of your city or state and “trespassing” for information and the definition of trespassing. You can also ask a police officer or local criminal defense attorney. Good luck.
(This is information only – not legal advice).
I was wondering if some one tears up a field with a vehical and the people that tore up the field is renting and:from you, does that person have right to go after them and how much would the fine be?
Dear Wondering: The owner of the property can take action against the person who destroys or damages his property. He can either report it to the police and ask that charges be filed and/or go to court in pursuit of restitution for the damage.
(This is information only – not legal advice).
I live in Savannah Georgia and when school ends (high school) the Assistant Principal tells me that I cant leave school and come back, and if I do it will be considered trespassing, is that true because im not doing anything wrong.
Dear Riley: Under the laws in your state or the rules for your school district, it may be considered trespassing for you to leave at the end of the day and return without specific permission from a school official. Talk this over with your parents and they can ask the principal for an explanation of the situation. Good luck.
(This is information only – not legal advice).
My son was being bullied and one day decide he has had enough he took a stand against the bully only to find out the bully was afraid of confrontations and took a knife out on my son when my son grew a water bottle at the bully to defend himself the bully went to a Florida State trooper living in the complex to complain about the water bottle. The manager calls the police and tell the cops to charge my son with stalking and the bully with possession of a weapon the proceeds to trespass the kids and confine them to the inside of the apartment till we move out. i need to know is this legal.
Dear Frank: Yes, it’s most likely legal but you need to review the terms of your lease. It may mention the possible consequences that criminal charges will have on a lease as well as incidents that occur on the property. Good luck.
(This is information only – not legal advice.)
My daughter attended a wedding and afterwards was invited to Josh’s house along with her boyfriend, when they got there- an intervention took place regarding her boyfriends mother. Things got heated, and an argument broke out. My daughter left, but came back a half hour later, to pick up her boyfriend, and ended up defending him and his mom. Suffice it to say, she again wanted to leave, when her boyfriends aunt followed her to (my daughter) to her parked car in the driveway, started yelling at my daughter and telling her to leave, which my daughter agreed to, then the woman slams my daughter into the passenger door of her car and grabs her by the jaw, and punches her. My daughter screamed at the neighbors to call the cops. When the cops get their the 1st cop charges the aunt with assault, and the 2nd cop after listening to the neighbors who didn’t see the assault by the way- and charged my daughter with disorderly conduct and trespassing, because she was yelling at the neighbors to help her. Can she have this thrown out of court? Can she defend herself since she was invited by the son of the aunt to go there… and since the aunt told her to leave and then prevented her from leaving… My daughter has no record.
Dear Maryce: It sounds like a it may be a case of he said, she said which many cases are in court. If the prosecutor is not willing to throw it out after talking to your daughter, she may want to consult with a defense attorney. One may be appointed to represent her in court. After reviewing the police report(s) and all of the evidence, an attorney should be able to advise on whether or not it would be worth taking the case to trial and fighting the charges or taking a plea offer from the prosecutor. Good luck to your daughter.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I live with my grandma and three kids and two brothers. One brother has his girlfriend and son there also. My boyfriend and father of new born baby has been coming to stay for peroids of time for 2 years now. We got into an arguement and not realizing what the actual question was. I agreed to CT my boyfriend from the house. The cops warned him of this, but no papers were given and nothing further with police officers either. In what type of way do i give him permission to be back on the property? The state is Texas
Dear na: AsktheJudge.info is an educational site for and about teens and the law. We suggest you refer to the laws in your state or contact the police department and ask about this. Good luck.
my friend was told not to come back to the mall for aprox 3 months and sat in the parking lot waiting for his friend to come out and now is in custody @ jail, it’s his first time in jail. what will happen
Dear Dom: It will depend on whether charges are filed against him. If they are, he can contact a criminal defense lawyer or wait until his court date and ask for a public defender to represent him. Take a look at our Resource Directory for attorneys in your area: http://www.askthejudge.info/directory
(This is information only – not legal advice).
Will it be considered trespassing in Texas if you go into a house with the permission of the minor who lives there but not the parents?
Dear Anon: You’ll have to look at the specific laws in Texas, but most likely you need the permission of actual property owners – the parents. Thanks for asking.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
So I went to the basketball courts on my campus and they were fenced if because they were redoing the tennis courts. I’m really nervous right now because the cop told us to get off and we did. Then he came over to us and said that his higher ups told him to take names now so we had to give him the school id, phone number, and where we live on campus. I’m just wondering he didn’t say that there was any consequence but do you think there will be
Dear Eddie: Try to relax. It’s extremely unlikely that you will hear anything more about this. The officer would have issued you a citation if action was going to be taken. They probably want to take down names and contact information so that if someone violates the orders more than once, then perhaps they will take action. Good luck.
(This is information only – not legal advice.)
If I had to leave home in florida for a month and want to have a friend check and enter my home while away.I will write a letter giving my permission for him to show .Is this legal?
Dear Annmarie: This is an education website for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults. We suggest you contact a local attorney for advice or Legal Aid Office (Community Legal Services). Good luck.
(This is information only – not legal advice).
my wife has a ice cream shop,with two year lease.she wants me there.the owner of building had a cop give me a no trespass for one year.in Hawaii.im manager and on invite from my wife is this legal?? Only she is on lease
Dear Ken: AsktheJudge.info is an educational site for and about teens and the law. If the owner of the building has prohibited you from being at the shop, it’s most likely legal to keep you away. Perhaps a calm talk with the owner about your circumstances and the fact that you’re manager may result in an agreement everyone can live with. Otherwise, you could consult with a local attorney who handles landlord/tenant matters in your state. Many attorneys offer a free initial consultation or legal aid may be able to assist as well. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I live in Texas and last night my ex was told to wait in the car when picking up our 14 yr old daughter as he has never been welcomed in our home. He walked passed her, fists clenched and would not exit my home when I asked. He finally went outside after I screamed to get out! A few min later he began to rattle door knob and when my daughter exited he blocked the front door with his foot and was trying to knock me down as I forced the door closed. What charges can I file against him b/c police officer wasn’t sure? Trespassing? Domestic violence? Harassment? I feared for my life.
Dear Deanna: It sounds like you called the police, so it’s their job to make a report and turn it over to the prosecutor’s office who then decides whether or not charges should be filed and if so, what for. You can follow up with police department and/or the prosecutor’s office to find out if criminal charges will be filed against him. Otherwise, you can contact the court and look into requesting an order of protection or another civil claim against him. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
me and my friend argued about, hanging out by a school, a couple of older girls bout 21 years old were hanging by a school smoking cigarettes and security told them to keep moving, they started cursing security called the police, i say they could’ve went to jail my friend said no that’s not a law…who’s right me or my friend?
Dear Toi: It depends if they were on school property. If they were and security told them to leave and they refused to do so, then it is possible that they could have been cited or arrested for trespassing. There could be other laws that come into play such as smoking near a school. Even if they were not on school property, but smoking within so many feet of a school, perhaps consequences could be enforced for their actions if it’s against the law in that city, state, etc. Thanks for asking.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I was riding my atv on a small plot.of land. The land was not posted with any kinds of sighn’s so I have a game warden show up at my house today with a picture of me and give me a ticket for unlawful use of a atv with out property owners permission. When the land clearly was not posted no trespassing or no atv or keep out. So my question is it leagal for the game warden it give my a citation for property that is not posted and I have never been asked or wared to stay off that area
Dear Jeremy: Based on what you have described, you may have a good defense to the citation. Ultimately, it will depend on the laws in your state and the specific circumstances. When you go to court, you may have an opportunity to speak with the prosecutor or judge about this. It’s possible that the prosecutor may be willing to drop or reduce the charges or offer a diversion program. If the charges are not dropped, then you could consider consulting with a criminal defense attorney after going to court to find out what your options are. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Hi, My son (5 yrs old) father was staying with his girlfriend (was not on her lease) in the same apartment complex as my and my son. They recently broke up after 5 yrs. My son father then went to get his and my son stuff from her house and she called the cops saying that he stole some of her son’s toys (14 yrs old)and some other things from the house. My son father went to court and it look like the case will be close because the toys that he took have in fact been my sons and the other items was things that he brought throughout the relationship. In the process of all of this she then went to the renter office and said that she feared for her life and asked for him to banned so he was. She has no reason in doing this just that she didn’t want him to leave and if mad. I want to know if he can fight the banned being that his son live here and we court visitation so that he will be able to pick his son up on his visitation days?
Dear Boe: Depending on a number of factors, it may or may not be trespassing if the father returns to the property to pick up his son for visits. He has to look to the exact language of the restraining or protective order issued by the court. If there’s an address that he can’t go to, then he needs to follow the judge’s order or he could face contempt charges. We suggest he contact a local lawyer for advice. Take a look at our Resource Directory for lawyers in your area. He may also have a right to challenge the protective order but the request for a hearing usually has to be made in a certain time period. Good luck.
(This is information only – not legal advice).
hello, i have a question i am sure you have answered before. But the other day i went to my highschool to pick up my transcripts (i had graduated 2 years ago). I wanted to visit my teachers but the security were constantly trying to get me out of the school saying that i am considered trespassing. Mind you that all visitors are required to show I.D and sign in which I did and i never got in trouble in school. I really want to visit my old teachers and I don’t understand how i would be considered trespassing when all through my highschool years my teachers had visitors from college and others even much older. How is it they were not considered trespassing and yet now we are? I managed to speak to my old counselor and he even told directions to my old teachers classes and said absolutely nothing about trespassing to me. Is this wrong? The only ones that were escorting me out were security while other staff were greeting me like everything was fine. I live in Florida so maybe there is a specific law for it?
Dear Rick: Maybe there is a misunderstanding on the security guards’ part or perhaps a lack of communication between administrators and security. You could try talking to the front office, explain the situation and see if they can issue you some type of pass so that security can see that you’ve been cleared. It’s unlikely that there’s a law prohibiting any visitors, but the front office should be able to tell you if there is one. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Don’t really understand about the situation I’m in..
My boyfriend lives in. New York… He lost his lease to his apartment and the ” land lord” (actually isn’t the land lord because the apartment/property was abandoned, and “the land lord” doesn’t do his responsibility by paying the bills the land lord hasn’t paid in two years.. My boyfriend didn’t know that until the middle of August .) my boyfriend currently got arrested because of that reason… How long could he possible have sir..? I believe he has a clear history besides drunk driving etc, but he only tickets for that… He got arrested on Thursday night at 9:44pm I’m So worried about him… I keep freaking out… Can you tell me what could of been charged with… And how long he could of gotten..?
Dear Sheila: The possible consequences including how long he may be in jail for depends on a number of factors including what he’s been charged with, his criminal history, the laws in your state as well as the specific facts and circumstances. You need to talk to your boyfriend to find out what exactly he’s being charged with. Then you can at least Google the the exact charge and your state’s name to find the specific laws concerning the offense in your state. Also, your boyfriend may be appointed a public defender to represent him depending on the charges and whether or not he can afford to hire an attorney. Good luck to him.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My neighbor’s children are constantly playing in my driveway where my roommate and I park our vehicles. They are often loitering, bicycling, skateboarding, and kicking soccer balls against the structure of my apartment. I have asked them kindly to not kick the soccer ball around our cars, yet they continue. We do not have “no trespassing” signs posted, but we have “no loitering, no bicycling, no skateboarding” signs posted. I fully intend on discussing with the children’s parents, but can I write a “criminal trespass letter” if I do not actually own the property, and just rent? My leasing contract states that the tenants should try to resolve neighbor disputes ourselves, so I don’t think they’d want to get their hands dirty with a “criminal trespass letter.” Would the police actually respond to this type of matter and issue a warning, in which case I would get a copy of the report? Not sure what to do here and I’m at my wits end with it all… Thanks!
Dear Megan: AsktheJudge.info is an educational site for and about teens and the law. You seem to already know the best approach at this point – try talking to the parents first. Communicating with them about the issue may quickly resolve the problem and you won’t have to worry about anything else. Otherwise, you may want to contact the owner of the apartment building to find out the best approach after making an effort to work it out with the parents. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Can the manager of my mom’s mobile home park legally prohibit me from entering the park for the purpose of visiting her on property she rents within the park? I have not committed any crime or disturbance that would warrant such action, though my boyfriend has been in trouble with the law.
Dear Tricia: It depends on the rental agreement your Mom signed with the owner. Read it closely for any mention of barring visitors from the premises. Since she owns the property, she may be within her legal rights to bar someone from her property. You can also contact a local landlord/tenant attorney for advice. Take a look at our Resource Directory for lawyers in your area. Good luck.
(This is information only – not legal advice).
Me and a group of friends visited a abandoned hospital in Cedar Grove, NJ. The cops found out we were there and they confronted us. They gave us all summons for tresspassing and court apprearance required. I was wondering what the charges will be money wise because me and my family have little to no money. Is there a payment plan I can do with the courts? Can I just do community service? I never got a criminal charge before. Im 18. I really want to know if I can work something out with the money. Thank you your honor.
Dear Mohammad: Since this is your first offense, you may be offered a diversion program. This usually requires completing some community service and possibly paying a fine. Fines vary from court to court, but are typically anywhere from $50 up to several hundred dollars. When you go to court, you can explain your financial circumstances and ask if there’s any way you can complete more community service instead of paying a fine or paying a reduced fine. Also, they most likely will work out a payment plan with you where you can pay what you can afford each month. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I moved into a house with a roommate. My application was approved, I signed an agreement i was given the keya, I paid my part of the move in cost. I have a receipt. The first week i lived at the house the local police wanted proof the I was renting the house. I showed him the receipt. The case was closed. The last week of January my roommate robbed us she moved out that is when I found out that the house was foreclosed. On Wednesday 9 months later, I was arrested for trespassing on the property that we have established as our home. We have all of our personal belongings there,all utilities are in my name, I get mai there. I have never been told by thrower to vacate nor have I recieved an eviction notice. For the last 3 weeks the police have been coming to my house with threats to arrest me. Hey have been Harassing my minor children when I am not home. I have no criminal record, never have I been arrested, but most important at the time of arrest I was never read my Miranda rights. Was it legal for them to arrest me. If I was never told by anyone the whole time that I have been an established resident at the house where my family and I call home.
Dear Angelica: AsktheJudge.info is an educational site for and about teens and the law. We suggest you speak with a criminal defense attorney about your case. The laws of your state as well as the specific facts and circumstances all need to be considered. Many attorneys offer a free initial consultation. As for the Miranda issue, they do not need to read you your rights if they don’t interrogate you. It’s only required before an interrogation begins. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
If a tenant of an apartment house takes a no trespass order out on a neighbor in another house, but the landlord of said tenant and apartment house has given permission for the other neighbor to use the common land ie parking lot for example, does the no trespass order still stand? And if a judge decreed that it didn’t as long as the neighbor doesn’t enter any stairwell or hallway leading to tenant, then why isn’t that recognized by a police dept?
Dear Melissa: AsktheJudge.info is an educational website for and about teens and the law. You may need to consult with an attorney who handles landlord/tenant issues. You could try your local legal aid office for further assistance and information, too. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I was recently given a no trespass order from a university officer to stay away from the local college university for a year. I was banned from every property on the campus.
The reason why I was given this order is because I bypassed administrator passwords by exploiting a loophole in the system. I admit to doing this and make no excuses for it. It’s important that I note I am not a student at the university I was given the order.
However, I spoke the university police chief, asking if I could do something to work off the order, something similar to doing community service. He said that since it was a university policy violation, there was nothing I could do. I believe that this year ban is too much, especially given the fact that people have gotten off with 100 hours(less than a month) of community service for DUI offenses. They did something that can literally endanger someone’s life, and get 100 hours of community service, but I get banned for exploiting a loophole in IT security, and I don’t even get the chance to work it off and get banned for a year??? That doesn’t make sense to me.
I researched the school to find information about appealing the order and found NOTHING. It’s been only 2 days, so I’m sure I’m still within my challenge limits. I live in Illinois, and don’t know what to do, seeing as the police chief didn’t give me information to appeal the order, nor did any appeal procedures show on the no trespass order. Don’t I have a right to appeal the order, even if the university has no appeal procedure?
Dear Antonio: First, the ban by the university is a civil matter, not a criminal matter like a DUI. The rules of criminal procedure allow for appeals in the various courts. In your case, it was the university’s decision to ban you, so the rules of criminal procedure do not apply. You could contact the campus police, or another department may be more appropriate, to find out if there is a process for you to challenge the trespass order. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My ex finance won’t let me in the house (he owns) to retrieve my personal belongings in his garage. He file with the sherriff dept a citation of criminal trespassing. I then filed a civil suit against him withholding my right to my personal property. His answer and complaint did NOT address my property but stayed I owe him 57,000 in “relationship” damages! Ie: the lunch meat I ate in 2008 a plane ticket etc. and stated “since I could not force her (me ) to marry him he believes he is due $$ from his efforts. I know right??? We never married he is crazy for real. Judge Radda – Ninth Circuit court accepted my pro say complaint and his boilerplate answer and complaint. (Also pro se). Now judge ordered the whole discovery, interrogatories afdmidsions witness etc. I have no moe $$ for an attorney already spent 20,000 so far and he has retained it for over a year now. He makes no claim of the connection between his 57K and my photo albums panties art children effects chattel etc. I am wearing the same clothes and shies as I did the day I broke it off and moved out. I have also filed a lien against the physical property ( State if Wyoming dies not separate real and personal). Judge scheduled bench trial October 2014! I have also expensive jewelry (hidden) and gold coins from So Africa from 1971 also hidden! And need! To sell. Judge ask defendant (ex fiancé ) to take a pic (1) of each item. He took pictures of boxes and then found a back up disc in my archive box of my family, my minor niece, an ex husbands wedding women from ciolkege my parents. My trip to Itaky (risqué ) etc. 6 of boxes. Sorry for length. Question: can I hire a professional mover to go to property and retrieve my things ?? This mover knows my belongings and it would take maybe 30 max. I would be up the street on cell to get pics and video to achieve an complete empty garage as well. It not at issue if it is my stuff nor has there been a connection made in the case management conference. From what I viewed in the pics he has damaged stacked thrown around my stuff and clearly opened boxes etc. in fact his live in girlfriend was wearing my one if a kind cowboy boots with him at a recent charity event! He wants a “promissory note” for repayment but it really seems like some replacement disorder to me as he acts like if he can’t have me he will keep my thing??!! Finally, I would have mover go to always unlocked house when he and said girlfriend are out tonight – Sunday – will anyone get in trouble? It’s my stuff so can’t bee arrested for stealing or theft right? Mover is well known bonded etc. and I will be 3 mikes away??? THANK YOU SO MUCH!! Need help ASAP!!
Dear Jennifer: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact the police department and ask about possibly getting a police escort to retrieve your belongings or you may need to take the matter to court and get the judge to issue an order allowing you to retrieve your things. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
If someone is drunk and climbed my backyard fence. I told him to leave. He said he was cutting through. It was 4:30am. Am i justified in shooting him. He left then came back and was told again to leave.
Dear Debbie: AsktheJudge.info is an educational site for and about teens and the law. If you are not physically threatened in any way, it may be quite hard to justify shooting a person. Ultimately, you need to look to the self-defense laws in your state (possibly the “castle doctrine”).
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My fiancee and I have broken up my son was with my fiancee’s mothers house while she was watching him for him he was supposed to pick him up but couldn’t make so both my fiancee and his mother asked if I could pick up my son when arriving on the property I knocked on the door she opened it I hugged my son she then said I was drunk and physically attacked me but because her and her husband gave the same story I was charged with assault when I didn’t do anything to her which I have no charges but I don’t feel it was right when I was the only one with marks and a ripped shirt and everything anyways she trespassed me in front of the police and I have not let my son over there to see his grandmother since the incident because she scared him and I don’t feel comfortable she keeps apologizing and asking to see her grandson and I haven’t let her yet however if I do and she invites me over to pick him up then gets mad at me or wants to set me up to get arrested for trespassing can she do that I live in Cape coral fl I was also wondering if when u get trespassed if that person can take off the trespassing verbal notice so I can’t get in trouble.
Dear Ashley: This website is an education resource for and about teenagers and the laws that affect them. We do not provide legal advice to teens or adults.
We suggest you talk with a lawyer about your rights in this situation. Some provide free initial consultations so ask about this if you call one. Take a look at our Resource Directory for an attorney in your area. Good luck.
A friend of mine was on vacation out of the country with his family and my friends and I decided to go swim in his hot tub(in a small screened in room with a wood swinging door, but you can see into the house through windows in the room). At first we thought the window into the house was locked and had an alarm but we slid it open and went in looking to do no harm. After an hour of watching tv in his house we were surprised to see the guys girlfriend was in the house (with permission of course) to get something. She ran into us and when we asked her if we should leave she said she thought it was fine if we stayed as long as we didnt break or steal anything(we didnt), and then the girl left the house. About an hour later however we all got texts from our friend out of the country saying to get out of his house and that his parents sent someone over to set the alarm. We left the house and closed the window on our way out. Later that night we stupidly decided to go back into the hot tub room with alcohol and marijuana. We thought it would be okay to stay in the room because it wasnt actually in the house, just connected, and the door was just a piece of wood as I said before, it also had no alarm. We were there for about an hour when again the girlfriend came from inside the house (she was setting the alarm for the night) and came to talk to us. We asked again if we should leave and she said that it seemed okay as long as we didnt enter the actual house. We decided it would be best at that point to text our friend and ask if it was okay for us to stay but we never saw his reply because a few minutes later some of his neighbors came down and saw us through the window. The neighbors were there to feed the cats but they had not been told the alarm had been set so they set it off when they entered the house. So we didnt set off the alarm, but the neighbors brought us in the house and upstairs and when the cops came they came in and told us we were trespassing and also they found the alcohol and marijuana in the room downstairs but did not breathalyze us and we did not specifically say we drank. The cop went down to the hot tub room and found one of my friend’s phones who had texted the guy who was away and saw a message saying we could not be in the hot tub (we did not see this message it was received while it was not in my friends possession and the cop read it without permission). The cop then talked on the phone with the homeowner, a women who we have all known for a long time and she claims that she begged for the cop to let us off with no charges. The cop told her that the charges had to be forced upon us because the alarm had been set off. I would just like to know what this situation looks like legally when we were given permission by the girlfriend twice and we followed what she said both times, we did not believe that the hot tub room was part of the house so we thought we were staying out, we were not the ones who actually set off the alarm, and the cops did not find us WITH the alcohol and marijuana and we did not admit to drinking and were not breathalyzed. We are long time friends with the family and expressed our dearest apologies so I dont see why she cant get the charges dropped if she wants to.
Dear Michael: Your friend and his family do not get to decide whether or not charges should be dropped. That is up to the prosecutor. Once the police get involved in a case, they conduct their investigation and then turn it over to the prosecutor’s office. Of course it can’t hurt to have the home owners ask for charges to be dropped since then it seems as though there is no “victim” or that is what the victim wants. The prosecuting attorney may change their minds and decide to drop the charges or at least offer a decent deal. That could be a diversion program especially if this is your first offense. You could consider speaking with an attorney to find out more about your options based on the laws in your state and the specific facts. Many attorneys offer a free initial consultation. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I was conned in to moving in to a foreclosed house. I thought it was all ligit. A lady I was caring for whom supposedly had cancer offered me a room in the house she was looking at to rent I filled out a rental application and signed an agreement got a recipt for the moneys I paid for rents and deposits. The first week I was there local police came on different occasions neighbors were calling them wondering why people were moving into my house. I provided the officers a receipt that I had they said it was sufficient evidence that it was legal for me to be there they closed whatever cased they had open. I have been physically living there now for 8 months but almost 9 months since I signed the agreement. Yesterday the local police came to supposedly arrest me for criminal trespassing. I have not received any notice or warning to leave the property or any kind of eviction. I also have a no trespassing sign posted, do the police officers have to abide by that in this case. there is no illegal activity at the house its quiet we were having yard sales till I found out that we can only have three a year then I stopped. Because I have an agreement, rents receipt, and the only key to the house, can I be arrested?
Dear Angelica: All of the specific facts and circumstances as well as the laws in your state come into play. Since it appears that you have a strong defense, you may want to contact a criminal defense attorney if you one is not appointed to represent you. Many attorneys offer a free initial consultation. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Judge,
I was charged with criminal trespass m4 in ohio. What happened was I was got so wasted I didn’t realize I wasn’t actually quite at my house when the cab driver dropped me off. I stumbled on to his property and passed out in his car. I had zero recollection of anything until I was was awaken by police officers the next morning when my neighbors wife called the cops. After being arrested and assigned a court date in the future, I have spoke with the neighbors and reimbursed them for any physical damage done by my unlawful visit. I know the fact that I was drunk does not excuse intent in this matter, but I was wondering if the charges can be dropped by the neighbor (owner of the property)? Because he is willing to provide me with the statement for my hearing saying that he doesn’t want to press any charges and is even willing to call the meyors court or even testify at the hearing.
Dear Mike: Ultimately, it’s up to the prosecutor whether the charges will be dismissed, but it certainly can’t hurt that your neighbor no longer wants to press charges since he’s the victim in the case. He can contact the prosecutor’s office and explain his position and that you’ve already paid for the damage caused. Then the prosecutor will have to decide to either dismiss or continue with the prosecution. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I was recently arrested for criminal trespassing at a music festival. Security was violent and I had bruises on me when they threw me to the ground. I went to court and the police that took me to jail did not show up to court, and the police was very nice and said it would probably get dropped in court because courts are always booked. Although the security that was hired at the festival did show up. I went up to the judge and he asked if I want an attorney or public defender. Am I able to get this case dropped because the police officer did not show up? I dont know if It would be a cival or criminal case. Should I call the security office and try to dispute? Much Appreciated.
Dear John: The case is probably not going to be dropped merely because the officer was not present for the initial appearance or the first court hearing. Your case is a criminal one since you were arrested and then criminal charges were filed. We recommend that you either talk to your appointed attorney or if you don’t have one, you can try contacting a criminal defense attorney for further information depending on the facts of the case and the laws in your state. Many attorneys offer a free initial consultation. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
riI was walking threw j.c. Napier a mdha property to get to the store i had no other route to take but to pass threw there i was stopped by two officers who said they was looking for a suspect in a shooting they askef did i live anywhere on mdha property i told them i was coming from my brothers child mother house and walking to the store they assumed i was on the band list and i clearly wasent they done a full search on my person without my permission after they told me to raise my shirt looking for a gun they wrote me a citation for trespassing but i wasent on the band list
Dear Ricky: If you were not banned from the property, it was not off limits for any other reason and you had permission to be there, you could try talking to the prosecutor or whoever you meet with when you go to court. If it was merely a misunderstanding, charges may be dropped or not filed. On the other hand, if they are not willing to dismiss the charges, you may want to consider contacting a criminal defense attorney in your area for further assistance. Many attorneys offer a free initial consultation. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Can you be trespassed at where you live and pay rent at.?thanks
Bruce
Dear Bruce: It’s possible depending on the specific circumstances and laws in your state. For example, if you were evicted, then you could be cited for trespassing. For more information, you could try contacting a local attorney who handles landlord/tenant issues or even your local legal aid office may be able to assist. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Me and my friend and my cousin and his friend were climbing on our old schools cafeteria roof (i know dumb idea but they wanted to go up there) the doors were left open like cracked barelh and we were able to reacha n access ladder, we climbed up it looked around and as we were getting down a car was coming so i told my cousins friend to hurry down from the 10 foot ladder that leads to a higher part of the cafeteria and as i told him that he let go and landed on the access ladder hatch and broke his ankle in the worst way you can imagine his ankle was completely hanging off of hisleg and dangling limply. We called 911 and they used a cherry picker to get him down. Since the school left the doors open shouldnt theg be at fault for his injuries, and also can they charge me with tresspassing even though the doors were open ?
Dear Mark: Tell us you’re kidding. You and your friends trespass on school property and one of you gets injured and you think the school is responsible? Where does that come from? That might be the case under a legal theory referred to as “attractive nuisance” but unless you guys are toddlers, it won’t fly. And yes, you can be charged with trespass. You sound and write old enough to understand what trespassing is. An open door doesn’t mean you’re invited or allowed inside. A train, for example, may have its doors open or no doors in some cases. Does that mean you can climb on anytime you want? Good luck.
(This is information only – not legal advice).
My friend recieved a no trespassing order on the house that she has been living in for 2 years!! Her boyfriend done it while she was out of town, and now she can’t even get in the house to get her things. Can he really do that??? Her name is also on the lease!!
Dear Anon: Your friend should talk with her landlord to get this straightened out. Both are required to follow the terms of the lease. She could also contact the police, explain what happened and they can speak with her boyfriend. Good luck.
(This is information only – not legal advice).
If a person is on your property and you tell them to leave because they are trespassing and they don’t leave what are your options?
Dear John: You can call the police to report the trespass. Then it will be their call as to how to handle it. If this continues, you can go to small claims court or any other court and file for a restraining order against this person. Good luck.
(This is information only – not legal advice).
I was at a public playground after hours but had not seen the sign stating the hours. The cop came over and told my friend and I the park was closed and proceeded to take down our names and phone numbers, I presume this is a verbal warning. Will this have any impact on any future background checks that jobs or scholarships may do?
Dear Anon: No, this incident will not appear in background checks so long as you don’t receive any citation in the mail. The office most likely took your name and numbers down so that if you’re caught again there after hours, you may be cited or even arrested. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My daughter’s life partner has been staying with us for the past few months. about 3 weeks ago, she said she was moving out when I mentioned to her that she needs to pay me rent. I told her to return my key and she could move back home. She never returned the key. She still came around but only stayed overnight on an occasion. The night before last, (my daughter is on home confinement) her partner came by the house (I was out of town) and she was drunk. She unplugged my daughter’s home monitor system. Right away, my daughter called her PO. Her partner claimed that my daughter put scratch marks on her arm and my daughter was arrested. I spoke with the arresting officer and I told him that her partner still had a key to my house and I did not want her entering the house until I got home. I was only 3 hours away. I texted her partner and told her to stay out of the house and not to enter. She texted me back and said that the Chief of Police told her it was okay because she had a key and that she was living her (which she wasn’t). She said the police were here while she removed her items but the policeman didn’t know what was hers and what wasn’t. I specifically asked that they wait until I came back since my daughter was in VOP and I was still 3 hours away. Then, about an hour later, she returned to the house, let herself in, took my dogs out for a walk and stayed around for about a half hour. My neighbors were keeping me informed. I called the police department several times telling them that she was on my property and I didn’t want her there. But they said as long as she had a key and she lived there, they could do nothing. The was was returned the next morning. I live in Milton, Delaware. There has to be some kind of statute protecting my home and my property. I am missing some items but the Chief of Police has yet to call me back. Is there a legal recourse for her actions and the Chief’s actions. In addition, the SUV that she drives is titled in my name. She pays the payments but the agreement was that she and my daughter share the vehicle and she refuses to do that. What can I do. Thank you. Needless to say, this girl is no longer her life partner.
Dear Linda: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. As such, we don’t provide legal advice to adults or teens.
We suggest you contact a local lawyer regarding your rights in this situation. Many offer free initial consultations so ask about this if you call one. Take a look at our Resource Directory for an attorney in your area. Good luck.
MY STEPSON LIVES WITH ME AND MY HUSBAND. MY STEPSONS MOTHER COMES INTO MY HOME WHEN SHE HAS BEEN ASKED NOT TO. SHE HAS BEEN TOLD TO WAIT IN HER CAR AND HE WILL COME OUT TO HER. SHE SAYS SHE CAN COME INTO MY HOME ANYTIME SHE WANTS TO GET HER CHILD. THERE IS NO CUSTODY AGREMENT THROUGH THE COURTS. MY STEPSON HAS ALWAYS LIVED WITH HIS FATHER. HIS MOTHER ONLY SEES HIM ONCE OR TWICE A MONTH FOR A COUPLE HOURS (HER CHOICE). I DON’T WANT HER COMING IN MY HOME. DOES SHE HAVE THAT RIGHT?
Dear BH: Under the laws in your state, she most likely does not have the right to trespass onto your property. If her son was in danger, that may be an exception. Talk with a local lawyer about this. You might consider going to a court and applying for a restraining order against this lady. There shouldn’t be a fee involved and they go into effect once it’s served on the person named in the order. Good luck.
(This is information only – not legal advice).
So I’ve been staying at my brother/sisters apartment (the lease is under my sister’s name) but her husband has been against it. Today he called the police saying I was threatening him & that I had a gun. The police came searched the house & didn’t find anything. They just told me to leave & that if I come back its trespassing. But I’vealready been staying there for 2 weeks. I don’t know what to do I can’t go back to my moms house. I live in San Francisco CA would it be trespassing if my brother & sister are letting me stay there?
Dear Andres: There are two aspects of your situation that you have to consider. First, the police told you to leave and not return. If you violate that order, you could be facing charges. On the other hand, if your sister and her husband agree to your return, then you may not be trespassing but there’s still the police order not to come back. You might want to contact the police first and explain the situation as it is today. That way you get their consent to returning without violating their order that you stay away. Good luck.
(This is information only – not legal advice).
HI there. On Sunday morning I parked in the parking lot of a senior center for under 30 minutes. There is a sign at the entrance that it’s private property and no trespassing, but I was having a really bad morning and needed a quiet, green, lovely place to walk and think. As I was coming back to my car a bicyclist – looked like it could have been a bike cop or ‘security officer type’ – rode over to my car and it looked like he took down my plate information. He didn’t look around, or ride around to find anyone, and never saw me – he just rode off. Is it possible I can be charged with trespass? I’m 53 years old, have never had any police problems, and this is making my anxiety level go off the charts. Thank you.
Dear Leils: First, we must inform you that AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
The security person who took down your car’s plate number & description may simply file it away in the event he sees the car again. You may not hear anything further about this, but if you do by way of a formal ticket or notice to appear in court, explain the circumstances and you may get a break this time. We wish you the best.
(This is information only – not legal advice).
hello my name is steven and i recently got “arrested” in Washington state in grant county while walking across a hay field trying to see a sunrise in the morning. on the way back i saw a sheriff pull up on the road and i walked up to it essentially wondering the problem. he proceeded to tell me i was doing something illegal and all of that, never read me my rights nor handcuffed me or anything and just asked for my information and i gave it to him. he also stated that i was on a farmers property and it was lucky that he got there first because the farmer was going to sick his dog on me. he then got back into his car and started to write a citation(i figured out later) and this took him quite some time. he called me over to his vehicle and gave me a ticket stating that i was arrested for criminal trespassing of the second degree. i was kind of confused because i wasnt in handcuffs or anything and i asked him if i have to come back to grant county to go to court. (i live in seattle) and he continued to be sassy and sarcastic with me but i let it go and he made me walk back to my campsite 3 miles i dont necessarily know what to do with this. i mean obviously i have to go back to court but should i ask for the sherrif to be there in court with me? what should i say to the judge because i was honestly out in the field for max half an hour and i feel like i shouldve been given a warning instead of a straight up citation right off the bat. thankyou.
Dear Steve: First, you may want to contact the court, explain the circumstances and that you live in another county. They may allow you to appear telephonically for your court date so you don’t have to make the trip. If this is your first offense, you may be offered a diversion program and have to pay a fine and complete some community service hours. However, if you want to possibly fight the charges, then you could look into contacting a criminal defense attorney to find out whether you have a decent defense to the charge. Many attorneys offer a free initial consultation. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My cousin and dad got into a big altercation right before my cousin moved out. He recently came to visit me because we’re close and my dad was shouting at him to leave this house and that he’s trespassing just because my dad is still furious over what happened. But my mom and I are the ones welcoming him here still. The house isn’t under my dad’s name, but my mom’s. Is this still considered trespassing even if my mom or I are saying it’s okay for my cousin to come by whenever?
Dear Anon: since the house is under your Mom’s name, then ultimately she probably gets to determine who can be on the property and who can’t. However, you need to look into your state’s laws on the matter. You could try contacting your local police department for further information. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
So I was with my girl outside in the front of her apartment complex where she lives and we were just chilling in my car since her parents and etc were home and we just were kissing when a cop pulls up to the driver window with the flashlight and I roll it down ofcourse and he ask me for Id and her Id and then goes back to his car to run it I assume then he comes back and tells me he’s giving me a criminal trespassing warning.. and for me to drop her off at her apt and leave. Does that mean I can never go back there cause it’s not like I was doing anything wrong or hurting anyone just chilling in my car. And is there a way I can get that cleared up don’t wanna get arrested just to see my girl..
Dear Keegan: You don’t want to risk being cited if you go back to your girlfriend’s apartment so you (and your parents if you’re a minor) could try contacting a supervisor like a sergeant at the police department and explain the circumstances. They should be able to tell you whether they can clear the warning from their system or at least update the information so you can return to your girlfriend’s apartment without any problems. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
my neighbor has been coming to my apartment to complain about noise , the firat time she did it calmly ,but the secondtime she came i felt insulted and threatened.if she comes again and i tell her to leave from my apartment porch , and she refuses to leave can i press charges against her for trespassing ?
Dear Jackie: You have to look to the trespassing laws in your town or state. Her presence at your door in a common area may not be trespassing. If she entered your apartment without your consent, that would be different. You might consider talking with your landlord about this and see if he/she can put an end to this. Good luck.
(This is information only – not legal advice).
So earlier today I was lost with my friend and we pulled into a farmers field bridge over a ditch. We were there for a while looking at maps on our phone and then somebody (may have been the farmer) pulled up behind us and blocked us in. We were really freaked out because we didn’t know what was happening. The man approached the car and asked us what we were doing, i didn’t tell him anything because he looked like a psychopath… but he assumed that we were doing “dirty” things… so he told us that he has our license plate number and to never come back to this place again. But my question is if he took pictures of our car in the spot, and sends them to the police, could I be issued a fine for trespassing?
Dear Michael: It is possible to receive a trespassing citation and if that happens, explain to the officer or court what happened and why. Since you didn’t intentionally trespass and didn’t have a warning about being on his property, it’s unlikely you’ll be fined. Just don’t return since you now know not to be there. Good luck.
(This is information only – not legal advice).
The disabled elderly man i was living with just one day without notice just up and left, i then started to pack figured i.would find somewhere since he left hos home. And i had everything moved except a few boxes i had in living room. I was never served with eviction papers nor trespassing papers. But. O now hear a friend got the eviction papers one day while he was at my house. He isnt a tenant and he said his name was not pn tje notice he didnt sign for it. I went to get my.dog a few days following from.the neighbors across street she.was caring for her while i got settled. When i noticed front door open and figured MrE was there maybe i could grab up what was left. When i got to screen door, house was destroyed and i stuck my head in i.thought maybe he.was hurt. No.one answered me yelling out hello,i.seen my things destroyed some missing, began writing list of things gone when Mr.E sister drives up yelling cussing and has me arrested for.tresspassing can i be convicted of it?
Dear Alexis: It sounds like you at least have a defense to any trespassing charges filed. We suggest you talk it over with the attorney handling the case. If you are not appointed a public defender to represent you, you can try contacting a local criminal defense attorney who can advise based on the laws in your state as well as the specific facts and circumstances. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have a person that i allowed to spend over night with me at my home and now they will not take there belongings and leave my home. is it legal if i was to put their belongings onto the sidewalk to prevent them from entering into my home again?
Dear Angela: It depends on the laws in your state. You could contact your local police department and ask what is the best way to handle the circumstances so that you will not be liable for any damage, etc. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have a friend who got into some trouble at an apartment complex and was banned from there. Now every time the officer that banned him from the first complex sees him even though he is doing nothing wrong he bans him from the place he sees him. This officer has now banned my friend from 2 of his family members houses 3 other apartment complexes a McDonald’s and a gas station. Is this even legal for this officer to do this it seems like he is harassing my friend.
Dear Robin: Your friend (and his parents if he is a minor) should contact a supervisor at the police department to discuss the situation and find out if the officer is abusing his discretion. It’s certainly a possibility. Otherwise, he could try talking to a local attorney who handles civil rights cases. Good luck to your friend.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Me my wife and three kids got put out so we had to move with my in laws. My wife job is a hour away from where we live now and i’m don’t work and my wife got to leave extra early so she want be late is i’m trespaaing on the hotel property if sit in the car in the parking lot til she get off.
Dear Matthew: AsktheJudge.info is an educational site for and about teens and the law. If the hotel owner has told you to stay off the property then it’s possible for you to be cited for trespassing if you continue to go there. You could try talking to a local attorney or possibly your local legal aid office for further information. Good luck.
(This is information only – not legal advice.)
to add along the other comment, even though your roommate invited them in, What if your roommate wasn’t currently in the dorm room while they was there? and once you told tis person to leave–they refused?
Dear Diamond: As we mentioned earlier, discuss this with the residence hall supervisor or dorm advisor. Also, talk to your roommate about what’s happening and your wishes regarding this other person in your room. Good luck.
(This is information only – not legal advice).
Can you sue someone for trespassing, if you told them they wasn’t invited by you in your dorm room. But your roommate invited them in?
Dear Diamond: Take a look at the rules for living in a dorm. They should cover situations as you describe. Your state’s trespassing laws may not cover this but the school rules should. It wouldn’t be worth going to court over due to the expense and length of time to get resolved. Try to work it out with the person violating your rights and the dorm advisor. Good luck.
(This is information only – not legal advice).
My boyfriend was at his brothers house and a cop came up and asked him his name he looked up his name and told him he was banned and gave him a second degree trespass my boyfriend kept trying to explain to him that he didn’t know he was banned from the projects what kind of consequences will he have to pay
Dear Shaka: If this is his first offense, he may be offered a diversion program or have to pay a fine. If he completes the terms of the program, then the charges would be dropped and he would not have any record of a conviction. He will find out more when he goes to court including what his options are. Good luck to him.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I had a friend that was on private property without knowing it and stuck one of his blades in a tree. The owner informed them they needed to leave but kept the 90$ blade claiming it was in his tree so it belonged to him. Is this legal.
Dear Michelle: As you describe the incident, the knife doesn’t belong to the property owner but you may have to involve the police or a small claims court to get it back. If your friend is a minor, he or she should discuss this with their parents who can contact the property owner to resolve this. Good luck.
(This is information only – not legal advice).
My friends and I were on land with horses, petting them, and the property has a “no trespassing” sign but I’ve talked with the owner of the horses before and he said “why dont you stop by sometime to see the horses.” When we were on the land about to leave, a couple living in a condo across from the property started taking pictures of us and told us we were trespassing and he was going to call the cops. We immediately left the property (and general area). As my friend and I are both under 18, is it illegal for him to do that (take our picture) without our, or our parents, permission? Or can he do that because we were “trespassing”? I’m not too sure myself if we were actually trespassing because I have talked to the owner before and he has never asked me to leave… And the couple in the condo (different land than the horses) don’t own the land or horses…
Dear Anon: It sounds like the couple were taking your picture to possibly use as evidence that you were trespassing. You would have to look to your state’s law or ask a police officer whether they violated any law by taking your picture. However, since they do not own the land the horses were on and since the owner already gave you permission, it sounds like you did not violate any trespassing law. You may want to clarify with the property owner that you can pet the horses and that he is the sole owner of the land just to be on the safe side. Thanks for writing us.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I was hanging out in a parking lot in NYC. Officers came in and gave me a tresspassing violation slip. They say I have to show up to court on a specific day. The major issue is that I’m 16. Do I have to bring a parent when I go to solve the problem?
Dear Rebeca: We suggest you call the court and ask about this. Most courts require minors to have a parent or legal guardian present. If you go without one, the hearing may be continued and you’ll have to return with your parent. Best to call first for information. Good luck.
(This is information only – not legal advice).
live in CT. after divorce house still has joint ownership : I and my ex husband are owners. He lives there and i do not. there is no court order for him to occupy , nor there is an occupy court order for me.
the reason for the entree would be this:
i need to enter the home with licensed realtor to take pictures inorder to list the house on the market. court date is next 2 weeks and i want to be prepared before the judge.
i will be asking to list the house on the market and will bring documents for my ex to sign in court.
my ex husb. is taking a 10 day vacation and will not occupy the home.
if i enter the home this week with my realtor, will I be charged with trespass?
Dear Irina: AsktheJudge.info is an educational site for and about teens and the law. We suggest you try contacting a local property law attorney for further information. Your local legal aid office may be able to assist as well. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
The other night, I got extremely tired and decided to pull into a huge parking lot to take a quick nap for the safety of my child and I. I have been stopped before late at night while I was tired because I crossed the yellow lines once, so I didn’t want to chance that again. I woke up to policeman and they charged me with a class 1 misdemeanor in tresspassing. I was wondering since im dealing with my Childs’ father in court; could this deem me unfit? I’ve been taking care of my child alone for almost 5 months and would do nothing to put him in harms way. And also, do you think I am able to expunge it since this is my first and only offence?
Dear Kay: As for the charge, you may be offered a diversion program and given the opportunity to avoid a record so long as you complete the terms of the program. As for the custody issue, you need to speak with a family law attorney. Many attorneys offer a free initial consultation or you could even try your local legal aid office. Good luck to you and your child.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Hello
I have received a trespass notice at RMH Wellness Center that I attended 2 or 3 times a week because people misunderstood that they heard me saying that I want to kill people, but I never said that I want to kill people, but I said that before Jesus saved me and changed me from inside out I had evil thoughts about killing some people so what should do about that situation?
I was sharing my testimony about my past life and who I was before Jesus saved me and changed me!
They said that I am not allowed to come to RMH Wellness Center or I will be arrested. I know that satan is trying to prevent me from preaching to people, praying for people’s healing and encouraging people because that is what I was doing while coming to RMH Wellness Center. I pray to God so he would resolve this issue so the staff would let me come and continue preaching the gospel at RMH Wellness Center. Is there anything else that I can do other than praying and believing?
I really want to continue going to RMH Wellness Center and witness to people.
Do you have any suggestions about this false issue that devil put in people’s heads about me wanting to kill people?
Thank You!
Dear Andrei: It would be best for you to stay away from the Wellness Center, otherwise you could be cited or even arrested for trespassing since they told you that you are not permitted on the property. There are plenty of other public places where you could talk to people about your beliefs without violating any trespass notice. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
About 2 months ago I was at an underage drinking party, in 18 and live in pa, the cops showed up because one of my buddies butt dialed 911 and he told them everything was okay when they called back, the cops showed up and entered the house. They breathalyzer everyone with the same tube and gave us all citations, I plead guilty, but a couple of my friends plead not guilty and fought it and won, their cases were dismissed, I filed an appeal yesterday and I’m just curious if you think I’ll win? I can’t afford to lose my license so that’s why I am fighting back, the police broke the law and didn’t do their job.
Dear Aaron: Whether you win your appeal depends on many factors. First, you said you “plead guilty.” So that may work against you. The evidence against your friends may be different from your case. Maybe their breathalyzer reading was lower than yours, etc. We suggest you talk with a defense lawyer about this. Many offer free consultations so ask about that when you call a lawyer. Good luck.
(This is information only – not legal advice).
Question? Can a Texas Attorney Clarice Attaway Pat Allen out of . Texarkana, Arkansas come to the state of Arkansas,take on a client.She refused to represent her client on July 17TH,2009 attheOuachita County Courthouse inCamden, Arkansas. I wrote my own Pro-se and legally wonmy case. Case number cv-2009-144-6. Case against the Brownsfield/Port Authorities v/s Maria Oralia West. I won my case.I had another court hearing and my attorney gave me the wrong court date, she gave me September 20th, 2009. They had court the 18th. I lost on default. I wrote the President of the United States and I wrote the Arkansas Supreme Court, they informed me that I had a Texas Attorney who re-done my deed and caused me to lose everything I owned.My Question? Can a Texas attorney come into the state of Arkansas, never represented her client and caused me to lose everything. She never honored court orders. Does law 5A or 5B apply to this case. I need help and I was left broke. Is this still my property 363 Adams Ave., known as the Zodiac property.All attorney’s in my surrounding area can’t be trusted. All were busted years ago! But I was the sole owner of the whole city block 1,containing 72 acres that was stolen from me, using a Texas Attorney and the Mayor Chris Claybaker.If I’m right let me know.God Bless you for listening to my problem but I was left alone to fight for my Indian land which I “WON” that in cout too.
Dear Ms. West: AsktheJudge.info is an education site for and about teenagers and the laws that affect them. As such, we don’t provide legal advice to teens or adults.
You need the advice of a real estate or property lawyer in your state. It doesn’t have to be a lawyer from your immediate area. Someone who practices law in your state will know the laws that apply here. Good luck.
I got arrested where my mom and stepdad live because its his mothers house and said i was trespassing but my mom gave me permission
Dear Terry: If you are charged with trespassing and have to go to court, explain the circumstances. Ask your mom to go with you to back you up and maybe you’ll succeed in having the charge dismissed. You can also talk with a local defense attorney about this and get some advice. Good luck.
(This is information only – not legal advice).
Don’t know how to write a letter contesting a tresspassing warning when I did nothing to deserve this, I need help with this don’t understand that you must include the code
Dear Amber: It depends on the specific circumstances of the incident as well as the laws in your state. If you just received a verbal warning from the police, you could contact the department and ask to speak with a supervisor to explain your side of the story. Otherwise, if the courts were involved, then you can contact the court and ask how to go about contesting the warning/ticket. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have a neighbor who rents, and she is very mean and Nasty she despises children. She has a no trespassing sign on her fence, and when the children play ball it occasionally goes into her yard. She has called the cops numerous times, we were instructed that the Adult may enter her yard to retrieve the ball. She acts like a maniac when one of us do. Since she does NOT own the property does she have a legal right to take it further in court? We live in West Virginia..
Dear Sally: AsktheJudge.info is an educational site for and about teens and the law. You would need to look to the specific trespassing laws in your state. You could try getting an answer from your local police department. Otherwise a local attorney who handles civil property issues could help. Good luck.
(This is information only – not legal advice. Check our Resource Directory for more help and resources in your area.)
i used to live with my boyfriend for more than a year because we had babies and recently we are getting separated because he physically abused me by hitting me. He is really angry that i put charges on him that now he is trying to put charges on me because i entered our apartment to get mine and my babies stuff out can he put charges on me for that if that was technically my home to and me and my babies have needs and i needed to get my stuff please help me out
Dear Anon: First, if there has been a court order about no contact between the two of you and keeping a certain distance away, then you need to comply with it just like he does. You can ask the judge for permission to enter the apartment in order to obtain your belongings. This usually means that there will be a police escort to ensure peace and everyone’s safety. Otherwise if there isn’t a no contact order and both of your names are on the lease, then entering the apartment to retrieve your belongings may not be breaking any law, but you need to refer to your state’s laws as well as the specific circumstances in your case. If you have a lawyer, talk to him/her about it. Otherwise you can contact the police department to inquire. Good luck.
(This is information only – not legal advice.)
hi.i,m pizza delivery driver .today i had order with correct apartment number but without gate code to get into the apartment.i was at the gate i tried to get to the complex but i couldn’t so i call them ,they didnot answer the phone.suddenly a car came out from exit gate, after that car left ,the exit gate was open so i get in the apartment complex while my car was on flash signals .unfortunately a sheriff police officer was there and he ask me you trans pass the property and i can send you in the jail for that reason,and he give me a verbal warning and i left to give the customer pizza.here is a question ,i was at right place which it supposed to be, i donot have no choice , is that is Trespass and the officer can arrest me or not because i,m just a pizza delivery.thanks
Dear Nice: Yes, it’s possible to be arrested and charged with trespassing if you enter a private gated community without permission. If you had been arrested, it’s possible that the prosecutor’s office would decline to prosecute based on the circumstances since you had a reason to be there. Ultimately, you need to look to the trespassing laws of your state. If a similar incident occurs again, we suggest you wait outside the gate until you can get in touch with the customers so that they can either meet you at the gate or enter the code for you to allow you entrance. Thanks for asking.
(This is information only – not legal advice.)
My friends and I were on private property, we did not break anything or do any damage, we simply just entered an abandoned house. The owner found us and asked us for our names and addresses. One of my friends freaked out and have a false name and address is this against the law? She said she didn’t want to give him her address as she didn’t know who he was. He didn’t say what he was going to do with our names either. Will she be in more trouble for lying to him?
Dear Annabelle: It depends on the laws in your state. Giving false information to a police officer is against the law, but it’s not necessarily illegal when giving the info to someone other than an officer. Since the property owner did not call the police when he caught you, you may be lucky and hear nothing more about the incident. He may have obtained your contact info in case he found any damage and then wanted to report it to the police. Be sure to stay away from abandoned houses or any other property you suspect might be private just to be on the safe side. Good luck.
(This is information only – not legal advice.)
Can I be charged for trespassing for looking at a house that is forsale? Also I used to live in this house amd my belongs are still there .I only went there to look and check on my things that my ex husband is denying me in out divorce? I did not take anything or do any damages. He is removing my stuff and taking it to his girlfriends house.and there was a judgement for me to get my stuff but he won’t let me cause he keeps threatening me with trespassing. There are no signs posted and we live in Michigan
Dear Kristie: Askthejudge.info is an educational site for and about teens and the law. You could ask a police officer about whether or not you are allowed on the property, but if the house belongs to your ex and he’s asked you to stay away, then it’s possible for you to face trespassing charges. Also, you may need a police escort to go there and pick up your personal property. Good luck.
(This is information only – not legal advice.)
There wasn’t a place open to buy water in my neighborhood because it was late at night. I went near the door at a college when it was closed. If I had gone inside there would of been a soda machine and some stairs. I know that if I had gone in I definitely would be committing a crime. However, did I already commit a crime by checking to see if the door was locked.
Dear Joe: It would depend on the specific circumstances and the laws in your state. For example, if there were No Trespassing signs posted or Private or something saying that the property was off limits during certain hours, then it’s possible that going up to the door and turning the knob was trespassing. You could call the college and ask what their rules are concerning entrance to the buildings at night. It’s good that you’re asking though and if you’re not sure whether or not a property is off limits, it’s always best to play it safe and stay away. Thanks for asking.
(This is information only – not legal advice.)
I was given a No Tresspass order for no appearnt reason but due to my background i couldnt seen my relatives who raised me which were my grandparents that only raised me in 25 years. The Barry Co. District attorney allowed the park mamanger to do so. I had to watch my grandfather die, and couldnt spend time with him. After all these years these people really had to do such thing. I wished i could go to the radio station to allow the true americans to know how people get walked on. BTW. Im deaf, cant hear really anything anymore, my life was hard growing up. I wished that sometimes in life, people wold just gather up and to help each one another for fill another persons day. To me they did this to break my heart. Very immorally wrong.
Dear Dustin: We’re sorry to hear of your misfortunes. Hopefully, life has gotten better for you. All the best, -ATJ.info
My ex girlfriend and I leased a car together I am the only one on the registration cause she is not legal to register it. She took car placed it in her open port garage and is not allowing me to retrieve it. I spoke to the property manager and they said they can’t help cause I am not on the lease police won’t help because she has called them so many times about the car that they are fed up. what can I do to get it back with out trespassing. She already accused me of trespassing with out any verbal communication or signs posted. in fact was not trespassing at all. What can I do?
Dear Joe: AskheJudge.info is an education site for & about teenagers ansd the laws that affect them. We don’t provide legal advice to teens or adults.
Read the lease carefully and see what rights you both have under these circumstances. You can talk with a local lawyer for advice or go to small claims court to get some relief. Good luck.
(This is information only – not legal advice).
Thank you for all these great responses! John, who is a friend of a friend, was issued a Criminal Trespass Warning (CTW) barring him from City Hall. The Federal Judge who heard the case to reverse this ban was also the Federal Liaison over a city council vote that John was not able to participate in because of the CTW (we should all object as the Government Accountability Office states that the $130m expense is not needed).
Should the Federal Judge have have recused himself from presiding over the decision? Thank you
Dear Mark: It’s hard to say not knowing all of the details as presented to the judge. At first glance, it may appear that recusal was in order. However, a full review of the hearing/trial transcripts would be needed to answer your question.
(This is information only – not legal advice).
I was recently evicted from our apartments and after court about a week later my sister gave me my paperwork for no trespassing she said the manager gave it to her to give to me is this ok or should i do something about it ?
Dear Jerry: Since you were evicted and now have been asked to not return to the property, you could be arrested or charged with trespassing if you return there. Therefore, it would be best to comply with the notice you’ve been given and stay away. Good luck.
(This is information only – not legal advice.)
can my friends apartement land lord have me arrested for trasspassing with out me knowing i am not to come there anymore
Dear Billy: It depends on the trespass laws in your state. Google the name of your state and “trespassing laws” for information. Usually some form of notice is required before you can be charged with trespassing, but there are exceptions. Good luck.
(This is information only – not legal advice).
My ex boyfriend broke into my house n destroyed house. I got him arrested but my lawyer look like he isnt doing his job. I got texts and a letter saying he was kicked out. He is claim he live there, he broke his stuff and he pay rent. Non of it is true. It looks like he got important things from me. I dont know what to do. Im scared.
Dear Sandy: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
Since you have a lawyer, continue to contact him with your concerns and questions. Or you can hire another lawyer if you’re not satisfied with the present one. Good luck.
(This is information only – not legal advice).
Hi,
I broke up with my girlfriend as it looked like she was just using me. She is 39 years old & I am 27. Technically, i never considered her my girlfriend (she works in office with me). She was a little upset on this. Some of my stuff was at her place so I told her to give it back to me. She texts me to pic it up from her place. Before going to her place, i told her either to keep it on the front porch or bring it outside as i will not come inside.
When I text-ed that I am outside, she pretends to prolong things by saying she is not home, but in a few minutes cops come outside (as she calls them)
They gave me a warning of property trespassing.
Can that warning be taken back. Can I go to the police station & tell them the exact thing. I am a here in the states on a working visa & thus am worried about this warning as I didn’t do anything. (Will it be an issue in my green card process)
And she did this, out of jealous .
I have the text with me which says, she invited me to pic my stuff from here place.
When the cop came my car was on parked on her driveway. The cops took my name, address & call phone, license plate number.
Bob S
Dear Bob: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
You can discuss your rights with a local lawyer. In the meantime, we suggest you follow what the police told you to do and not put yourself in a position to get charged with a crime. Good luck.
(This is information only – not legal advice).
can a person legally enter an abandoned or falling down house or building on the side of the road and there is no fences or any kind of no tresspassing signs can you still go in without getting into trouble i live in albany kentucky wich is out in the country and there are alot of trailors and houses out in the woods please respond i would really like to know thank you
Dear Jessica: You have to look to local and state laws on trespassing to see what is prohibited. It’s not always necessary that a “No Trespass” sign be posted. Some places such as railroad tracks are known to be restricted areas. You can also ask a policeman about the laws in your area or check with your local library. Good luck.
(This is information only – not legal advice).
Recently was arrested for trespassing. this is the story. I was told not to have contact with a kid for what reason who knows. He had been staying at my house. He and my son got into some trouble so I told my son to stay away from him. My son left his cell phone at his house. I went by to get it and instead of just giving it to me the kid call the local police and gave it to them. They called me to pick it up and said that we were not to have contact with each other by phone, text or in person. Later he text me and his mom did also. But I was also told to return the kids clothes. I tried to leave them at police station but she refuse to let me. I was told to contact the sheriff’s office concerning how to return them since I live in county. I went to sheriff’s ofc and was advice to contact central dispatch and ask for a nonemergency escort to return property which I did. After 2 police officers went to property I went to property. I proceeded to remove clothes basket from car and was going to sat it on doorstep of property. The original police officer shows up after this and starts yelling at me for being there ignoring the 2 officers already there. She puts me in handcuffs and puts me in the back of a police car. She later releases me and charges me with trespassing. Is this right. I thought I had followed her instructions. What is the difference in me having a police escort to return property and the kid coming to my house with a police escort to get said property.
Dear Joyce: It’s possible that the prosecutor will drop the charges upon finding out the whole story. Since you were there with a police escort, that should be part of the police report. When you go to court, you may have an opportunity to speak with the prosecutor and explain your side of the story. If you have any documentation from the police department, sheriff’s office, etc. to back up your story, you may want to bring that. Finally, if they’re not willing to drop the charges or offer you a deal you can accept, you may consider contacting a local criminal defense attorney. Many attorneys offer free initial consultations. Good luck.
(This is information only – not legal advice.)
I’m 14and I went in to a school during school hours. I walked in the unlocked doors and teachers watched as I walked in. I walked in a went upstairs and went straight to the bathroom and walked pass a couple class(no disruption or vandalism) and then walked out when the school hours ended. Then walked back in to the cafeteria to look for someone then left. I don’t attend the school. Someone said the police were looking for me. the. School also called my phone. What do I do. Please be descriptive.
Dear Nick: The police may just want to question you about being at the school when you’re not a registered student. Most schools have strict rules about kids and adults on campus without permission from the front office. Since you’re a minor, we suggest you talk with your parents about this so they can help you get it resolved. Good luck.
(This is information only – not legal advice).
I have a guy who admits he was on my island property and shot a deer. When I called him he said he had permission from the neighbor and must have had the lines mixed up. I talked with the neighbor and he said no one had/has permission.
I call the police with his name and the story, game camera photos of the guy several time on the property, posted land every 100 yards,I have his boat number, a photo of the deer taken (it was a very nice and unique one, so easy to tell), the fact he admitted it to me, the local bar owner, and several friends of mine he went to school with- details of where and when he shot it. The police tell me they won’t do anything with out his back tag number because it is a waste of time.
This angers me because I spend several hundred in taxes a year, close to a thousand on food plots, and many hours and car/boat trips to get to the location and they refuse to do anything. What can I do
Thank you
Adam
Dear Adam: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you speak with someone higher up in the police department or possibly another authority with jurisdiction over this issue: your state game and fish department, for example. Good luck.
(This is information only – not legal advice).
My 16 yr old son thought it would be a good idea to let his friends enjoy our house while the entire family was away for the weekend (including him)and gave his best friend our extra key. Can his friends be charged with trespassing even though my son gave them permission to enter? A couple other points of interest: I believe one of the boys that made himself very much at home is 19. There is also evidence to indicate someone may have broken in later on in the weekend (by opening windows from the inside and breaking in later– two window jams are loose). Could breaking and entering laws apply with a stronger sentence for the 19 year old?
Dear Winnie: Every state has laws regarding trespass and breaking & entering. They differ from jurisdiction to jurisdiction. If you Google the name of your state and each crime, for example, “Arizona trespassing law” you’ll be able to read the specific law and see how it applies to your situation. You can also contact the police and ask if any crimes were committed by what happened while you were away.. Good luck.
(This is information only – not legal advice).
i was told by an apartment complex manager that my ex girlfriend wanted me banned so i left and went to a convience store next door to wait for a ride and thirty minutes later the police came to the store and arrested me for criminal trespass what can i do when i left the property when they told me too?
Dear Rondel: You may want to consult with a criminal defense attorney about this especially if you want to fight the charges. If you don’t have a criminal record, you may be offered diversion when you go to court, but this may require a guilty plea. You will have to find out what your options are and then decide how to proceed. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
Hi I receive a trespass ticket for looking at sunflowers off the highway. I was not actually in the crops but I took a picture of my daughter standing near them. The trespassing signs were knocked down( maybe by one of the other many people that were out there and did not get a ticket.) they were covered by grass and bushes (not visible unless pointed at) however an officer stop us and wrote a ticket instead of advising to leave with a warning can this be dismissed
Dear John: It will be up to the judge to decide whether to dismiss the ticket or not. You may get off with a warning this time especially if you have a clean record. If you took pictures of the area and the trespassing signs on the ground, show them to the court. Good luck.
(This is information only – not legal advice).
I live in a rural area in MD. I have two No Trespassing signs posted at the end of my driveway. A process server called a deputy who met him at the end of my driveway to check if our signs were valid. The deputy told him yes and if he went on our property it would be trespassing. As soon as the deputy left, he came onto our property and served a subpoena anyway. A couple days later, he showed up again with an amended subpoena. We called the police and when they arrived, we were told it was ok for him to come on our property. Which is it? The process server also moved to potted mums off the porch and unlocked our storm door as well as sat outside our house for twenty minutes blowing his horn and then beating on the door and ringing the door bell…ugh.
Dear Sheila: AsktheJudge.info is an educational site for and about teens and the law. If you want to challenge the serving of the subpoena or try to take action against the process server, we suggest you speak with a local attorney in your area who should be able to give you a straight answer. You could also try Googling “Maryland trespassing law” to find the specific laws in your state. Good luck.
(This is information only – not legal advice.)
My best friend was kicked out of her dorm for some issues with her roommate and the dorm advisor had told her that she is no longer aloud there (banned) and last night she went back to the other dorm with one of our other best friends in the middle of the night, probably just to hangout after they had been drinking (underage) and she had been spotted by someone and they called the cops, I know she wasn’t doing anything harmful but its still the fact she was told she wasnt aloud back. She just turned 18. I would like to if she will be released…or if something more serious is going to happen. If they made her blow at the station? This isnt her first time getting in trouble and frankly she got off pretty easy with her past.
Dear Taryn: What will happen to your friend depends on her history and the laws where this happened. She may be charged with trespass since she was banned from the dorm and underage drinking if she was tested. It sounds like it’s time for her to wake up to the realities of breaking the law. There are consequences that increase as she reoffends.
(This is information only – not legal advice).
My 16 yr old son was served by a policeman at school a criminal trespass notice without contacting his parents at all. We live in Iowa, if that makes a difference. Was this legal? ?
Dear Mary: It may have been legal depending on the laws in Iowa and the circumstances surrounding the ticket. When you go to court with him for the ticket, ask about the details before he decides to either admit it or deny it and have it set for trial. You can also talk with a criminal defense lawyer in your area for advice. Some provide free consultations for the first 30 minutes or so. Ask about that if you contact a lawyer. Good luck.
(This is information only – not legal advice).
I moved out my godparents house when they got divorced because my boyfriend and I got an apartment. They put all of my belongings on the curb. When I went back with a Sheriff to get my things, he never said a word to me. Shortly after, my grandma was in the hospital and wanted to see my godbrother, my phone was not working so I could not call or get his number out of my phone to call him. So I went out to the house to see if he was there or when he’d be back. I talked to my goddad’s girlfriend because no one else was there. After that, 30 minutes later, I was on my way to the hospital. They claimed I stole some cooking ware, which I did not. I had a sheriff come to my work the next day and said that my god dad was pressing trespassing charges on me, ( he was in a different state at the time ) On the paper the deputy stated that my god dad and the sheriff who was with me, told me not to return, which is not true. Then a few weeks later, the deputy showed up at my apartment and said I returned a second time and stole cooking ware. He searched my apartment and found a cooking pot that biological mother got for me at a garage sale that was similar to one of theirs. And up until a few weeks ago, my address was still the house. Because we moved that weekend that I went to see if my god brother was there. My questions are, is the person pressing charges required to be at my court date? And what do you think will happen?
Dear Anna: Your god dad may not have to be there especially for your first court appearance. If you decided to take the case to trial, then most likely he will have to testify as to his side of the story, but that would be later on in your case. If this is your first offense, you may be offered a diversion program and given the chance to avoid a record so long as you complete the program and admit to the charges. Usually, this means that you’ll have to complete some community service, pay a fine, and attend a class or counseling. You will find out more when you go to court including what your options are. Then you will have to decide if you want to take a deal or go to trial. Good luck.
(This is information only – not legal advice.)
went to a condo pool for a quick swim. A cop pulled up in his car and sat doing paper work. I was so scarred and left. He saw me leaved and did not say anything to me. Will I get a ticket in the mail? If so, what will happen? Im so embrassed and scare. I just wanted to swim.
Dear Tammy: Without your name and contact information there’s little chance you’ll hear from the police. Plus he would need to know you were trespassing or without permission to be at the pool. You could have been a guest of one of the residents. Police officers often find a shady place to catch up on their paperwork. Relax.
(This is information only – not legal advice).
I was jumping off a quarry into water and we get charged with simple trespassing. We were not arrested just given a fine and court date(but i do not even have to appear), they also did not fill out a green card. Do I have a record?
Dear Jack: It sounds like your ticket is possibly being treated like an infraction or a traffic ticket. However, since you were given a court date, be sure to ask a lawyer or the judge about this if you end up going to court. Otherwise, you can call the court and ask for a copy of your record after you’ve paid off the fine to see if anything appears on your record. Good luck.
(This is information only – not legal advice.)
What if a person that has been told not to knock on your door comes to your porch and moves things around your front porch that were already there before they came to your house that are your own property? Can they do that if they get the whim to move stuff around just to get under your skin???
Dear AC: You would need to check your state’s trespassing laws to find the specifics for your state. If they’ve been told to stay off your property and they move your own property on your front porch, there’s a good chance that this could be reported to the police and they could face consequences. Google your state’s name and “trespassing law” to find your state’s law. Good luck.
(This is information only – not legal advice.)
Okay, my boyfriend has court tomorrow for trespassing and we are really worried about what’s going to happen. This is the only time he’s ever been in trouble! He got arrested at the scene but tomorrow is court. Will he go back to jail? Can the charges be dropped? If the person who signed the criminal trespassing doesn’t show up at court. What happens?
Dear Melanie: Since this is his first offense, he may be eligible for a diversion program. That means if he admits the trespassing and completes some community service, attends a class or counseling, the case will be dismissed and he won’t have a record. The process will be explained to him at court. It’s unlikely he’ll be given jail time for this. If the victim fails to appear the judge may drop the charge and dismiss the case. Sometimes, however, it’s not necessary for the victim to appear at the first hearing on a charge. The process differs from state to state. Good luck.
(This is information only – not legal advice).
How much trouble can you get in for trespassing on a private property that has no sign, or one that wasn’t visisble? We live in Gilford, New Hampshire and my kids wanted to walk up to look at a castle, but there was no sign we could see so we aren’t sure.
Dear Bill: If no one stopped you and the police were not contacted, then you don’t have to worry about being ticketed. However, for the future, it’s best to stay off any property that you suspect could be private property and/or attempt to get the property owner’s permission. Try Googling “New Hampshire trespassing laws” for the specific law in your state. States set different requirements concerning the notice and signs made available to the public when property is private.
(This is information only – not legal advice.)
Can A trespassing charge be lowered to something less than a criminal charge?
Dear Gail: It depends on the laws in your state and the position of the prosecutor. Sometimes they have discretion to reduce a charge to a petty offense and let you complete a diversion program. Once diversion is successfully completed, the case is closed and you don’t end up with a record. Good luck.
(This is information only – not legal advice).
Judge Tom,
I was recently in a public park after hours with my girlfriend and we were both issued trespassing citations. We didn’t know the park closed after dusk, and the sign was posted at the entrance to the park (we didn’t see it on the way in). The officer observed us around 7:30pm, saying nothing, and left. When it was 9:30pm he drove be a second time and issued us citations. I didn’t knowingly commit trespass but I have a court appearance in a couple of days. I don’t need legal “advice”, just “information”.
Dear Chris: When you go to court for this ticket, explain exactly what happened. The judge will probably tell you that even though you didn’t see the “No Trespass” sign doesn’t mean you didn’t break the law. In most situations ignorance of a law isn’t an excuse to violate it. But you may get a break this time and get off with a warning. Be polite and truthful. Good luck.
(This is information only – not legal advice).
So my friends and I were skating in front of a mall and he said to leave or else we are getting a ticket so I skated landed one more trick and my friend’s said “run there gonna give you a ticket” so I ran the security guard saw my face a little bit but I was never caught I was wondering if I could go back to that mall because I reallywant to.
Dear Dylan: Unless you have been “trespassed” from the mall you should be able to return. However, you may be taking a chance of getting ticketed if the same officer sees you and wants to write you up for “landing one more trick” after he told you to stop. Good luck.
(This is information only – not legal advice).
Myself and three friends two of us 18 and two of us 17 were on the roof of our highschool when we were seen by police, we came down and were questioned by the police. We were given a verbal warning and sent home, two weeks later a cop showed up at my door with an arrest warrant for trespassing, it is legal to charge someone after a warning had been given?
Dear Zach: Getting a warning doesn’t mean you can’t be formally charged with a crime, even trespassing. So, yes, the police can issue a warning first and follow it up with a charge. If you have to go to court for this you may get a chance to talk with a lawyer (public defender) or your family can hire one to represent you. You don’t necessarily need a lawyer if you plan to admit what you did and diversion is offered. Diversion means that you complete some community service or attend a class and the case is dismissed. You don’t get a record through diversion and it’s generlly considered a fair option. Talk this over with your parents. Good luck.
(This is information only – not legal advice).
Hey judge,
I need some advice. I swam to Alcatraz a couple weeks ago and got charged with trespassing, disturbing the wildlife, creating a dangerous situation and being in a part of the park that is closed.
I am from out of town and I admitted to not really knowing the law but I had a suspicion that I was not supposed to be there. I noticed there are no “keep out signs” on that side of the island and there is a nice walkway with park benches only 8 feet or so from the waters edge. Seemed like such a tempting place to rest mid swim. Our lives certainly didn’t depend on resting but a 15 min rest seemed like the safest thing to do mid swim.
Any advice for things to say in court? Do i need a lawyer?
thanks
john doe
Dear John: AsktheJudge.info is an educational site for and about teens and the law. We do not provide legal advice to anyone – teens or adults. You could appear for your first court date, at which time you may find out the possible penalties of the charges as well as your options if the state is willing to make an offer at that time. You could then decide whether or not you should hire an attorney. Otherwise, you could try contacting a criminal defense attorney as many offer a free initial consultation consisting of 30 minutes or so. Finally, there is an annual triathlon that includes a swim to Alcatraz that you may be interested in. It’s called Escape from Alcatraz. Good luck.
(This is information only – not legal advice.)
I rented a house but before I did I called the owner on the deed cause it sounded to good to be true his name was kent I tld kent a man named nick was trying to rent me his house he said he dont own tge home the bank took it back and they fiked chap 7 with a discharge I told him his name was on the deed and I only felt comfortable moving in with there permission I know mistakes happen and people end up owning there home sometimes he said I could proceed with nick and move in so I did still he told me nick probably worked for the bank or mangment company or bought it and that deeds dont have to be transfered for awhile and it takes time to transfer the deed so I called the bank they said they had no record of the home so this man probably bought it I moved in police showed up i live in oregon said bank owned it then said nope kent owns it I tld them I had his permission to move in a leased this home well nick was a scammer who riped me off the police asked kent and me to come to an agreement for me to rent from him and tgis was a civil case and left kent said he would let me stay and rent it tell the bank formally takes it well later he changed his mind and the police and neighbors have been hurrasing me calling me a squatter ext they even came in my home without my permission so kent called the poloce today and they gave me a trespass said I cant go back to my own home I have permission and a verbal lease but now kent thinks he found a loop whole and can sell or keep his home even tho the bank started forclosure and he FILED A CHAPTER 7 BANKRUPTCY WHAT CAN I DO WHAT ARE MY RIGHTS THE COPS SAY THERE GOING TO ARREST ME IF IM HERE TOMORROW I HAVE ALL THE NEWS STATION HELPING ME OUT TO GET MY STORY OUT THERE HOW CAN THE POLICE COME OUT 5 TIMES AND SAY ITS CIVIL THEY TOLD KENT TO GO TO COURTS TO EVICT ME BUT HE WONT HE DONT WANNA PUT HIS NAME ON PAPER FOR SOME WEIRD REASON SO KENT KEEPS BUGGING THE COPS NOW THIS HAPPENED I NEED MAJOR HELP MY DAD IS DYING MY SON IS DISABLED IM A SINGLE MOM PLEASE HELP ME ASAP the police called the bank and now all of sudden they have recotd of it wow this house has been abondend for 2 years iv done yard work and lots of stuff
Dear Katie: We’re sorry to hear about your circumstances. AsktheJudge.info is an educational site for and about teens and the law. We suggest you speak with an attorney in your area who handles property law matters. You could try contacting your local court to find out if there are any free programs that assist people with landlord/tenant issues or contact your local Legal Aid office for help. Finally, many attorneys offer a free initial consultation. You can ask about this when you call an attorney’s office. We wish you and your family all the best.
(This is information only – not legal advice.)
A rock band was making an appearance in an alley by my apartment building. Another tenant in the building allowed 25-30 people in the building who then proceeded to climb through windows and through roof access onto the roof and fire escapes. The manager of the building who seemed overwhelmed had asked at least some of the people to leave because they were trespassing. This went on for hours. The police were called but didn’t show up right away. Later people were being encouraged to leave, physically yelling at people to leave. I was trying to help the manager clear the hallways because it seemed like the crowd in the building was growing. People were occupying vacant apartments yelling out the windows, etc. One girl who was told to leave many times claims I put my hands on her. That was corroborated by two of her friends also who don’t live here to the police when they did finally show up. Police talked to me like I was the one trespassing but ultimately went away. Question is can I be charged with assault?
Dear Jon: It is always possible to be charged with a crime. The question really is whether you have a good defense or explanation to what happened. If you are charged with assault, talk with a lawyer who will explain your rights under the specific circumstances of the incident. Good luck.
(This is information only – not legal advice).
Friends of mine sold me a house and signed the property over to me. I filed the quit claim deed today, the house is in Oklahoma.
So I now own the house.
The problem is the house has unknown / unidentified occupants. The house was leased about 6 or 7 years ago to a single man, for a period of one year. The lease was not renewed and it was told to the owners that the tenant had to go out of town for a extended period of time, his brother who did not live at the address continued sending in the rent payments by money order in the tenants name. It came to the owner’s attention at a later date that neither the original tenant nor his brother were living at the address, but the home was occupied. About 4 years ago the rental payments stopped. Because the owners live out of state and did not have time to deal with it they did not do anything about it. They grew tired of paying taxes on the house and not receiving any income so they sold it to me.
Question is – in this case is a 30 day eviction notice required when you do not know the identity of the occupants AND they were never authorized to move in to the home.
The original lease expired about 6 years ago and the man’s location / address who was named on that lease is unknown.
It is suspected that the man’s brother may have subleased the house – without authorization and pocketing the money all these years.
AS the new owner – who has no history or agreements with any of these people am I required to give an eviction notice? AND if so, since the person named on the lease no longer resides there is it legal to address an eviction notice to ‘OCCUPANTS’ ? Your advice is appreciated. I would like to take possession of the home for my personal use.
Dear Lynna: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact a property law attorney who handles landlord/tenant matters. You could try contacting your court to find out if there are any pro bono services in your area that offer free information concerning landlord/tenant rights. Good luck.
(This is information only – not legal advice.)
I work for a city in FL. My boss is trying to get me to go into people’s backyards, open gates, sheds, screen rooms, porches, etc. to look for and retrieve the city’s automated trash carts, claiming my authorization to do so is, “It’s city property.” In a lot of cases, either the resident hasn’t moved out yet or just broke up with the account holder or a new resident has already moved in and has paid (but “not updated in our system”) or is going to pay the required deposit within days to get the water-linked account “switched over.” My concern is that I am invading privacy, trespassing and can be blamed for any number of things from theft to destruction of property or even get shot! She says, “If you knock on the door and no one answers, nobody’s home. Go back there and get it.” There are many reasons people don’t answer a door…in the shower, taking a nap, disabled..whatever the reason there’s no laws saying you have to answer a door right? Anyway, I have tried to explain that the police can’t do it without a warrant, utilities have right of easement(?), but where am I in this? Am I allowed to just because a city solid waste superintendent says I can? I can’t say for sure, but I think if I just got out of the shower or woke up and found someone outside my child’s window, in my laundry room or porch…someone’s getting knocked over the head until the police show up. Where can I find the laws pertaining to my position? Thank you for any pearls of wisdom you can send my way.
Dear Sally: We are an education website for & about teenagers and the laws that affect them. As such, we don’t provide legal advice to teens or adults.
We will say that your instincts are right on. We suggest you talk with a local lawyer who practices criminal law or property law. They should know the limits of going on another’s property. As a city employee, maybe you have access to the city attorney for a few minutes of his time regarding what you’re being asked to do. Good luck.
(This is information only – not legal advice).
Saturday A police officer gave me a ticket for transpassing a skate park late at night and i was wondering how much do i have to pay for this ticket?
Dear Reader: The amount of the ticket may be written on the back of it or you’ll find out when you go to court. You can also Google the name of your state and “trespassing fines” for information. Good luck.
(This is information only – not legal advice).
I filed a no-trespassing order on my neighbor and she got mad and filed one against me. How do I get this removed from my record?
Dear Tip: Take a look at the order that was served on you. It should contain language about contesting it and the time you have to ask for a hearing. If it doesn’t, contact the court that issued it and ask about contesting it. Good luck.
(This is information only – not legal advice).
I just had a question in regards to a video that I have just viewed , my friends and I are having a discussion about . in this video a gentleman is filming some police/military training exercises that seem to be held in a public place (standard American street / parking lot ) while he is filming them from a sidewalk or nearby parking lot, at which point a (agitated)police officer tells him to leave or he will be arrested for trespassing to which he say no and is subsequently arrested . my question to you is how can it be trespassing if A) it not sectioned off to the public (street with cars passing by in the backround) B) if he is trespassing and there are no defined limitations in the area ,what can be considered trespassing seeing as how all roads and street are “for lack of a better term ” owned by the city ? in conclusion can police officer essentially say you are trespassing on any given street or parking lot they choose .
The answer to your questions can be found in two different laws where this took place. First, you have to look to the trespass law and see what it says and how trespass is defined. Then you have to consider the law regarding obeying a police officer’s request or command. There is a crime in most jurisdictions across the country called “failure to follow an order by police” or something similar to this. It’s either a petty offense or misdemeanor to disregard a direction given by the police.
(This is information only – not legal advice).
I need i need your help i moved in with my friend and her mama. told my boyfriend he was nolonger allowed on the property and recorded her telling him and . A few months past her daughter got pregnant so ii ha to move out. My boyfriend dropped some of my friends belongings off for me at there hhouseouse while i was at work. When he was droppinf it off her mama recorded it and s
ays shes going to get a warrent and press charges. What do we do? He doesnt have anything on his record
Dear Haley: If she follows through and presses charges, he can talk with a criminal defense lawyer for advice. If he can’t afford a lawyer, when he goes to court for this, he may be appointed a public defender to represent him. Based on what you’ve described, he may be charged with trespassing which is a misdemeanor. Since he has a clean record, he may be eligible for a diversion program. That means when he finishes some community service, attends a class or counseling the case will be closed and he won’t have a record. Good luck.
(This is information only – not legal advice).
I am 21 years old, and live with my family in a gated community resort near disney world. There have been problems with the management against me, due to the fact that I do not have any friends that actually live here, I just randomly meet tourists year round. And the management has been trying to trespass me for the past six months from the pool, for practically no reason. The only complaint that some homeowners have made about me is jumping into the pool with other people. The staff trespassed me for being a “disturbance”. I do not understand how and why they would call me a disturbance, but there seems like there is nothing I can do about it, and my family does not own this home, we rent it. But the issue here is that the main manager has not given any clear explanations or rules, it seems like they just bully me and make up rules. I can’t even walk down the street by the clubhouse or even walk on their parking lot! It is just ridiculous!! I hope there is a response or solution you can provide for this situation, I am being treated like a criminal for no legitimate reason.
Dear Axel: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest that you read the rules (CC&Rs) for the homeowner’s association. You could also talk with a lawyer who practices property or landlord/tenant law for advice. Some may provide an initial free consultation for the first thirty minutes or so. Ask about this if you call one. Good luck.
(This is information only – not legal advice).
Ohio- My 16 yr old son and a friend entered a vacant home by opening a window and going through it. (They say they were just checking it out, so no criminal intent.) The homeowner caught them and called the police. The police did not arrest them and said it was up to the homeowner to file charges. They did not vandalize the property, but the property had been vandalized (according to the homeowner) in the past by others so the homeowner probably is fed up. How can we find out if the homeowner intends to follow through with charges? And, how long do they have to do so?
(When he was 14 my son got into trouble for something else and needed to go to classes. His record was ‘erased’ and sealed.) Will this prior offense count against him if the homeowner presses charges?
Dear Deborah: You could contact the homeowner and ask him if he plans to press charges, but that’s your call. Otherwise, You won’t know until charges are actually filed and your son is served with papers or receives notice in the mail about a court date. The past incidents shouldn’t have any effect on the present trespass if he completed the terms ordered by the court at the time and the case is closed and his record sealed. Good luck.
(This is information only – not legal advice).
If you are invited over a friends house, stay a few minutes and start to walk home. Not realizing no parents are home (large home). On your walk home you are stopped by police and brought back to the house. Is that trespassing? Can you be charged with Trespassing when you were invited by a child who lives in the home? Also what is alcohol present. There was alcohol in the home but no consumption or possession charges, just alcohol present charge?
Dear Anon: Trespass is either a state or local law. It differs from one jurisdiction to another. Google the name of your state and “trespassing law” for the details that may apply to you. The same with “alcohol present” to see the specifics of the offense and how it applies to your situation. Good luck.
(This is information only – not legal advice).
Hi there, I was locked up for about 20 hours, i was buying drinks at the bar, then i just went outside and sat outside of the bar for a while cuz i was waiting for my husband to pick me up. Before he came i decided to go to use the bathroom of the bar. There was a policeman and owner of the bar standing in front of the entrance. They asked where i am going, i said i was going to use the bathroom. They said i can not go in. I asked them why? the policeman said if i do one more step he was gonna call cops and i ll be taken to the jail. I said i bought drinks in this bar and i have a right to use its bathroom. And policeman just called cops and they locked me up. I didnt get my court date yet, but if i get it, should i hire lawyer for this case? Please advise me, because i came to the US 2 months ago, and i dont want my records start with arresting me.
Dear Diana: AsktheJudge.info does not provide legal advice to teens or adults. We are an educational site for & about teens and the laws that affect them.
In your situation you may want to talk with a lawyer before your court date. Depending on the charges and what happens, your status in the U.S. could be affected. Some lawyers provide a free initial consultation. Ask about this if you call someone. Good luck.
(This is information only – not legal advice).
im 16 and i have to go to court in a few days and i got a summons for trespassing and i havent gotten in any trouble before will they charge me ?
Dear Jessica: Since you’ve never been in trouble before, there’s a good chance that you will be offered a diversion program. This means that once you complete some community service, pay a fine and possibly attend a class or counseling, the charges would be dismissed. You will find out more when you go to court including what your options are. Good luck.
(This is information only – not legal advice.)
i live with my father inlaw in ft edward ny in a mobil home park ive been here almost a year with him signin a lease with me now the owner of the park told me if i wasnt out by monday 3 days he was haveing me arrested for trespassing can he do this
Dear Justin: AsktheJudge.info is an educational site for and about teens and the law. If you are not on the lease with the mobile home park, then it’s possible that the owner can tell you to leave without much notice. We suggest you contact your local Legal Aid office or an attorney who handles landlord/tenant matters for advice based on the laws in your state and the specific circumstances. Good luck.
(This is information only – not legal advice.)
My name is devin I was fishing at a private lake and have been going there for years. This guy called the police and they said I am getting a citation for criminal trespassing. My citation was on 6/19 how long do I have to reply before I get a arrest warrant? What do I do if I get a arrest warrant?
Dear Devin: Read the ticket you received very carefully. There should be information included about what you need to do. Look for either a date to appear in court or instructions about paying the fine for trespassing. If you’re under 18 talk with your parents about this. If you have to go to court, they’ll want to be with you. Good luck.
(This is information only – not legal advice).
I was up at a school playground causing no trouble one night with a girl and her friend. A cop pulled up with a bright search light, and we didn’t know we were doing anything wrong, so we decided to try to hide because we were obviously scared. To jump ahead we approached the officers car, and we got lucky because he was nice and just mad at us for hiding because it made us look suspicious. He told us we were trespassing, and that there were signs and stuff. Well I had no idea, and I’ve lived near there for a long time, and there was only one sign that was on a gate because they didn’t want you to go back near the sewer drain. I just want to know about parks and schools. Are you aloud to be on the playground after hours during the day? A lot of people and families are always having fun up there when school is not in session. What about parks? When can I be there?
Dear Anon: Every state, city, town, etc. has their own laws or ordinances about public places and the hours they’re open to the public. They don’t necessarily have to be posted in order for the police to enforce the rules. Most public schools are off limits when school isn’t in session. But you’ll have to check about parks, parking lots, etc. and their off-limits hours. You can Google the name of your town, state and “trespassing laws” for information or ask at your public library. Good luck.
(This is information only – not legal advice).
Hi, my neighbors kids and basically the neighborhood kids play basketball in front of my house where the house across the street has a basketball goal. the house is abandoned and i see these kids in my yard often to grab a basketball or no telling what else. i’ve seen them around my vehicles and i told them to leave and stay out of my yard. i’ve even seen them in my BACKYARD after they jumped over my fence. can i call the police and have them come out and talk to them? this is really starting to annoy me. I live in Texas. and if i do call the police is it 911 or do i just call the station?
Dear David: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
Your question is obviously teen related and we suggest you ask the police about your rights and if they can talk to the kids and their parents about trespassing and the consequences of such. This isn’t a 911 emergency. Just call the police department, explain the situation and they’ll advise you of how to proceed. You could also take it upon yourself to speak with the parents to resolve this. Good luck.
(This is information only – not legal advice).
What if I am a tenant at will? Can I be charged with trespassing if I have not been given a formail written notice to vacate within 30 days?
Dear Cindy: AsktheJudge.info is an educational site for and about teens and the law. You will need to look to the laws of your state and the specific facts and circumstances for your answers. You could try contacting your local court or Legal Aid office to see if they provide assistance to those with landlord/tenant issues. Many courts offer a free legal assistance program at which time you might be able to meet briefly with a pro bono attorney. Good luck.
(This is information only – not legal advice.)
I am 21 years old living at home while I go to school. I do not pay rent and my mom owns the house. This is my legal address. Ever since I turned 18, my mother has lashed out at me and has at times threatened to call the police to have me arrested for trespassing. I am very passive at home. I do my chores, keep out of my mom’s way and give her space when she has a tantrum. I am aware that, as the homeowner, she can have anyone she pleases removed from the premise. But can she really call the police every time she has a tantrum to have me arrested without warning? Do I need a written agreement and pay rent in order to avoid arrest?
Dear Cassandra: Although your Mom could call the police, whether or not they would respond and actually come to the home let alone make an arrest is another matter. Your Mom may be told that it’s a civil matter and that there is nothing the police can do. If they came to the home, it’s not real likely that they would make an arrest after speaking with you as well as your Mom about the circumstances. That being said, you could ask your Mom to put something in writing for some peace of mind and so, you both are fully on the same page as to your current living situation. That way, next time she loses her temper she can’t just kick you out or threaten to have you cited or charged. We hope you come to some understanding with your Mom. Good luck.
(This is information only – not legal advice.)
Last night three friends and I were arrested after climbing over a fence and walking around on a middle school. We are all 18 and 19. None of us had any prior charges, and we didn’t damage anything. It was very stupid and I really don’t want to have this on my permanent record. What will most likely happen to me? Regarding punishment, my record, or fines? I don’t have a ton of money right now and i’m debating whether to tell my parents or not.
Dear Burt: Since this is your first offense, you may be offered diversion and given the chance of avoiding a record so long as you complete the program. Typically, diversion consists of community service, fines (they vary from court to court, but may be from $100 up to several hundred), an educational class and/or counseling. When you go to court, the process will be explained to you as well as your options. You can explain your financial circumstances and that you don’t have a lot of money. They might be able to assign more community service hours and a reduced fine. You may want to consider telling your parents, so they can help you make decisions about your case and even go to court with you. We all make mistakes and they may be surprisingly understanding of your situation. Good luck.
(This is information only – not legal advice.)
My roommate was taken off the lease. The landlord gave unlocked the door and gave us permission to remove his items so we could find a new roommate. So I moved all of his items to the front porch because we have an order of protection and he is not allowed in the house. He claims we damaged all of his stuff and is trying to charge us $5,000 in damages. Even though we didn’t. Can I get charged that? Because even if something was damaged, he would have no proof it was me, and also, it is off the property so he could’ve damaged it himself to try and screw me over.
Dear Samuel: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you talk with a lawyer who practices property or landlord/tenant law. If you call a lawyer ask about a free consultation. Many provide this for the first thirty minutes or so and that may be all you need. Good luck.
(This is information only – not legal advice).
I was charged with trespassing while a resteraunt was open the manager said I didn’t have a receipt so I couldn’t stay an police wrote me a trespassing summons this is my first summons and I have no criminal background the police said I wouldn’t get a fine or time but should I plea guilty or innocent and can I get a court appointed lawyer
Dear Enzo: We cannot tell you how to plead as we do not provide legal advice to anyone – teens or adults. You may be offered diversion since this is your first offense. If so, you probably will not be appointed an attorney since you are facing a minor misdemeanor charge, not facing mandatory jail time and diversion would give you a second chance at avoiding a record. You will find out more when you go to court including what your options are. Good luck.
(This is information only – not legal advice.)
My younger brother is planning to jump a fence onto a MPLS Public High School's Football field to go play soccer. I am telling him not to But I also am wondering if that Is trespassing. School has been out for about a week now. There are no signs on the fence that I know of.Dear Joey: Usually the fields at public high schools and elementary schools are off limits when school is not in session. There may be a notice to this effect somewhere around the school or front office area. Even if not posted it could be considered trespass depending on the laws in your state. One of the reasons for this is if something happened to someone and they were injured, the school doesn't want to be sued or held legally responsible when the person shouldn't have been on the property in the first place. So, tell your brother not to play there unless he has permission from someone in authority with the school.
(This is information only - not legal advice).
I’m 16 years old, I have never committed a single crime and never planned too. My friends brought me to an abandoned prison to look around, I asked them if we were aloud too and they said yeah. We arrived at the prison and there was no signs saying “No trespassing”, SO I thought that it was fine. BIG MISTAKE, we looked around and then got stopped by a BUNCH of police. I now have a court date set, do you think the judge might go easy on me?
I mean I have never done anything wrong with the law before and I had no idea about the trespassing. All we did was look around.
Dear Nicole: When you go to court explain exactly what happened and what you thought at the time. Trespass is not the end of the world and if this is your first offense, you may be offered “diversion.” That means when you complete some community service, the case will be closed and you won’t have a record. Good luck.
(This is information only – not legal advice).
My husband and I have been estranged for several years, yet still live in the same house which we both own in Illinois. He has a buddy, Mark, who he sometimes hires for handy work. In addition to cash pay, my husband has given Mark some of my personal belongings without my permission for work that he has done. Not only did I not give my permission, but I specifically told my husband that I needed and wanted these items. I have told this Mark that he is not welcome at my home and any work to be done would be hired out to someone else in the future. Despite my feelings, my husband has asked Mark to do more work at our home and Mark has agreed. When Mark shows up at my home, I intend to tell him to leave and if he does not, I will call the police to have him removed from my property. My question is, how should the police handle this when my husband tells them that he is welcome to stay? If the police allow him to stay, what steps can I take? Thank you in advance.
Dear Brenda: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you talk with a lawyer who is familiar with property or landlord/tenant law. Good luck.
I live in a duplex where my neighbors kids are constantly riding their bikes around my vehicles and running around with sticks as well as throwing rocks and trying to get onto my trampoline. I have told the parents and the children several times that it is not ok to be on our part of the driveway or on our side of the duplex unless they have asked for and gotten permission from me. I continue to find them coming onto my side when I am home and not home. (I have driven up to find them in my yard.) This is in Texas. The people seem nice enough but just don’t watch their kids. My daughters have never, ever been found going onto their property and I find it hard to deal with the fact that they just aren’t vey respectful of my time or space. Any suggestions on what to do without causing drama with my super close neighbors?
Dear April: You seem like someone who wants to keep the peace and not rock the boat with your neighbors. Hopefully mentioning the problem with the parents a few more times will make a difference. They’ll appreciate that you’re serious about this but at the same time don’t want to blow it out of proportion. Calling the police or getting a restraining order will only exacerbate the situation. Good luck.
(This is information only – not legal advice).
Dear question answering Judge/person.
I have a girlfriend that works at a retirement home and I go there to meet her there everyday after work for the last 2-3 years roughly, today May 22, 2013 he approached and said the General Manager had asked that I stay in my car because it is private property and I asked if i could speak with the General Manager and he informed she was on a two week vacation and followed by asking me if I believe him which I truthfully said no. My girl and I have had a lot of bad run ins with her manager and he is a /@:$,$;&:&,$:&(@!&,@/?;&(&/@:!?!…. But to my question, can I reapproach the property and state that no papers were given to me state that I was trepassed (it was just me and him talking no one around to witness). Thank you much, Mr. Day
Dear Mr. Day: It would be best to stay away from the property or deal with the potential consequences of the police being called and even being cited. You would have to look to your state’s specific laws concerning trespassing, but generally, a formal written notice to stay off the property may not be necessary. If you want to try to take up the matter with the manager or even the property owner, you could do so, but through letter, email or a phone call would be safest and not risking any possible legal action against you. Good luck.
(This is information only – not legal advice.)
I have my wife’s son 21 years old, doesn’t work as no job is good enough for him. He sits at home enjoying the Internet. He doesn’t do anything to help and can be disrespectful if pushed. He has got loving mother, my wife else he would be history. But now I am clueless how I can get rid of this monster in making from my life. Is there anyway I can place a trespass on him?
Dear Dhakaia: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. If your stepson lives with you and your wife with his mother’s permission, he’s not trespassing under most states’ definition of trespass. Both of you have to agree that he leaves before you can claim he’s there without permission. Good luck.
(This is information only – not legal advice).
An old roommate accused me of trespassing after I had moved out, but still had an unterminated lease. When I came back for some of my stuff, he accused me of trespassing and threatened me to leave. I ran away, and left my car on the public curb where I had parked it. When I came back 15 minutes later, the cops were there. He accused me of trespassing and had my car towed. I have since been charged with the crime, even though there is no proof other than my car that I was there. Do they have any kind of a case since my fingerprints have a reason to be there, nothing was taken or damaged, I still have a lease to prove I HAD a right to be there (I was only coming back for my stuff which he said I could do). Now there is a warrant for my arrest without my ever having been cited. I never did get my stuff back. Without video or pictures, and without me being nabbed by the police there… how can this be trespassing?
Dear Ian: This website is an educational source for teenagers about the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest that you talk with a criminal defense lawyer about this incident and the charges against you. It sounds as if you might have a defense, but that depends on all of the facts and the applicable laws in your state. Many lawyers offer an initial free consultation that you can ask about if you call one. Also when you go to court you can plead not guilty and ask for a public defender. Good luck.
(This is information only – not legal advice).
I went fishing after work on property owned by Baltimore City. Fishing is allowed there from sunrise to sunset so I was not doing anything illegal. I parked in an area that has signs that say parking is allowed from sunrise to sunset. It was a pretty good hike to the fishing spot, and it took me longer than expected to get back to the car. I took the wrong trail coming back by mistake. When I got back to my car it was dark out, and there was a department of natural resources police officer waiting for me. He said that parking is not allowed after dark and he wrote me a trespassing ticket and let me go on my way. I feel that a trespassing ticket is a little severe and I should have gotten a parking ticket at most. The fine listed on the ticket is $150, and court is not required. The main thing I am worried about is it showing up on my background checks while applying for jobs. Should I fight the ticket in court? Will it harm my criminal record? I have nothing on my record other than a simple traffic ticket. Thanks in advance.
Dear Steve: We do not provide legal advice to anyone – teens or adults. You need to consult with a local criminal attorney to help you decide whether or not you should fight the ticket and go to court. As for your record, it sounds like your case is being handled like an infraction or a simple ticket since you don’t have to go to court. Therefore, it may not affect or appear on your record. However, you may want to contact the phone number on the ticket (the court, city, etc.) to find out how payment of the ticket would, if at all, affect your record. Finally, if it ends up reflected on your record, you could ask the court to destroy or expunge the record. Good luck.
(This is information only – not legal advice.)
Hello, I was at a school I didn’t attend with two friends. We walked right in through the front door past the office without checking in. We used the restroom. When we were done, we left the restroom. Later, we heard someone saying “stop”. We did not stop as we did not know it was a teacher or administrator. We thought it was just students. The cop charged my two other friends and I with criminal trespassing. They got arrested as they were 17. At the time of the stupid incident, I was one day away from being 17. I was not arrested and was left off with a ticket. I had to be released to one of my parents. However, I want to know what possible punishments I could be receiving in court? Should I hire a lawyer for this juvenile court case?
Dear Gerardo: If this is your first offense, you may be offered a diversion program. This means that after completing some community service, paying a fine and possibly attending a class, the charges would be dropped and you would not have a record. You will find out more when you go to court including what your options are. You can wait until after your first court date to decide if you think you need an attorney. Many cases like yours are resolved fairly quickly and if diversion is an option, you don’t need an attorney to start the program. Good luck.
(This is information only – not legal advice.)
I was at a exxon gas station when a police pulled up and told me i was trespassing in a neighborhood that is walking distance from the gas station. I was not caught on the neighborhood premises. Neither was i on the premises. He gave me a citation
Dear Erik: You will find out more including what your options are when you go to court. If you want to fight the charges because you don’t believe you were trespassing, you (and your parents if you’re a minor) may want to consult with a criminal defense attorney. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
I was out with a friend by the lake and we had saw sign that said teh cliff was unstable but thought that meant to not be on the edge, a park ranger found us and since I am a minor he had called to talk to my parents and my dad hd said he woudl handle the issue and not to give me a citation, will that be in my record?
And also will they ever mail anything to my house?
Dear Taylor: It sounds like you got lucky this time with a verbal warning and that you most likely will not receive anything in the mail. If the officer chose to cite or ticket you, then you would have received a citation on the spot and when the incident occurred. Be sure to pay close attention to signs and if you think you might be trespassing even if you’re not sure, it’s always a good idea to play it safe and stay away from the property. We’re glad to hear the officer gave you a second chance. Take care.
(This is information only – not legal advice.)
In Minnesota you have to be arrested or ticketed on the spot for trespassing and disorderly conduct right?
Dear Michael: You would have to look to the laws in your state for the specific answer. We suggest you try Googling “Minnesota trespassing law” for more information. Generally, most people are ticketed or cited for those offenses and then have to go to court. However, it’s not necessarily required that the person be cited by the police in person before being charged. If there’s enough evidence for the prosecutor reviewing the complaint to charge you with trespass or disorderly, then it’s possible that charges can be filed after the offense actually occurred in which you would receive a notice in the mail to appear in court. Thanks for asking.
(This is information only – not legal advice.)
There is a very cool abandoned house in a town near us. My daughter and I went there. There are no signs that say Private Property or No Trespassing, though the house is completely fenced in. Someone has cut away an area in the fence and broken boards away, so you can get into the house. We went there to take photographs of the inside of the house. I know this is trespassing, but the house is incredibly interesting and a wonderful place to take photographs. It is considered a historical landmark but the town has done nothing to fix it up in the last 30 years. What would happen if a policeman caught us? Would they just tell us to leave or could we be fined? Thank you.
Dear Molly: If a police officer caught you trespassing, then best case scenario, he gives you a verbal warning and tells you to leave. However, the police ultimately have discretion, which means that you and your daughter could be cited. For a first offense, there’s a decent chance that you would be offered a diversion program and given the chance of avoiding a record. This is something though that you really don’t want to put your daughter through – having to go to court and pay the consequences. Perhaps you could talk with your city administrators about gaining lawful access to the property. Good luck.
(This is information only – not legal advice.)
Me and my friends were on top of our high school and a janitor saw us and told us to get down. We got down where she couldn’t see us and we ran away. Is it likely that the police will be at our school the next day to arrest us?
Dear Jake: It’s very unlikely that the police would be at your school and arrest you. First, the janitor may not be able to contact you since you were on the roof and at a distance. It sounds like you were lucky this time. Stay off the roof so you don’t risk being cited and having to go to court. If your caught next time, it’s more likely that the police would be called to the scene.
(This is information only – not legal advice.)
I was on top of a school and a janiter caught me and called the cops the cop came got my info and said i got a trasspassing ticket it was my first ticket ever would it be classified as a warning or do i get a ticket.
Dear Jimmy: If the officer did not actually give you any paperwork (a ticket or citation), then you may be lucky this time with a verbal warning. It’s possible that a notice to appear in court will be sent in the mail, but typically when a person is cited, they receive paperwork at the time they were contacted by the police. Good luck.
(This is information only – not legal advice.)
My husband was waiting for me to come home didn’t have his key with him. And a security officer approached him and got attitude with my husband. Granted my husband isn’t on the lease but he still resides there and has all property there… Well he got arrested for trespassing… Can they do that and told him he has a ctw so he can never return to his property again. What do I do I mean we have children together and I want him to come home to us. Can they do that?
Dear Amanda: AsktheJudge.info is an educational site for and about teens and the law. We suggest your husband speak with a criminal defense attorney in your area to find out whether he can fight the charges. If your husband was not on the lease because he would not be approved by property management and they just found out that he was living there, it’s possible that they can prohibit him from entering the property. Good luck to you and your family.
(This is information only – not legal advice.)
Your Honor,
I feel like I am being harassed by the local police department.I have a nosey neighbor that called the police on me saying there is a suspicious vehicle blocking the sidewalk directly in front of my house.Take in mind I had my truck that i drive everydaywith a trailer conected to it backed up close to my front door for the fact I have been moving for going on5 days at the time.I understand I was blocking the sidewalk.The police came out and knocked at the door.My wife answered the door and explained we were moving.The police ask to speak with the owner of the truck.My wife told them I am at the store at the moment.The poice officer then told her to call my cell and have me come home right away because they want to talk to me or they were going to tow my truck.As I rushing home. A police officer uninvitedly gained entree through my side door of my garage.My wife heard someone in the garage and went out to find the police office running plates and running vin numbers on 4 of my motorcycles as they all belong to me and came back clear.After my wife cought the officer in the garage he began asking questions,what am I into and if I do meth (drugs).I do have all the recordings from start of dispatch to finish on this call that lasted almost two hours.Should I file a report with???????
Dear Ronnie: You could contact the police department and ask to speak with a supervisor to make a formal complaint against the officers. Documentation of this incident in their personnel files could be important down the road if the officers engage in unethical or illegal behavior such as conducting illegal searches. Good luck.
(This is information only – not legal advice.)
Me and a friend decided to go fishing. There is a fence with a posted sign nearly half gone due to weather i am assuming. The other half of the fence was open (no lock), we decided to fish there. All of a sudden a white truck pulls up and four officers came out and wrote us trespassing tickets. I said to the officer the sign is not clearly posted and that we did not know that this is private property. I ask for a verbal warning and that was denied. After they finish writing us tickets, Another officer posted new signs. What can i do here me and my friend did not damage any part of the property or disrupt the flow of their business.
Dear Chai: When you go to court, you may be offered a diversion program which means that you won’t have a record from the incident so long as you complete the program. Otherwise, if you want to try to fight the ticket, contact a criminal defense attorney who may be able to meet with you (and your parents if you’re a minor) for free for the first 30 minutes or so. Good luck.
(This is information only – not legal advice.)
My girlfriend followed the next door neighbors dog back to it’s home to claim her address book the dog had taken and was scattering the contents all over the ground. When she approached the neighbors in a respectful and congenial manner they were hostile and refused to help her recover her property. The next day they put up ‘no trespassing’ signs on a shared in common fence facing her. It is nasty and distressful but is
it legal. Taos, New Mexico. Thank you for your consideration to this matter. Jim H.
Dear Jim: Your girlfriend would need to contact a property law attorney in your area to find out whether or not it’s legal and what are her rights concerning the shared property. Her neighbors can post No Trespassing signs on their property, but if any of the property is shared with your girlfriend, it is most likely legal for both parties to be on it. Again, she should consult with a local attorney. Good luck to her.
(This is information only – not legal advice.)
My friends and I were playing a nice game of hackysack at a local Cub Foods, when I manager told us that “this is not a playground” and that we had to leave or he would call the police. We stayed and the police arrived at nearly arrested us for trespassing. Does the store manager have the right to tell us to leave? And is it indeed trespassing?
Dear Elliot: Since the store is not public property like a park or library, the manager can tell you to leave. By failing to do so, you could ultimately be charged with trespassing. Many stores especially convenience stores like Circle K have policies and often signs posted about No Loitering. Be sure to stay away from that store’s parking lot as you don’t want to risk a ticket. Public parks are a safe place to hang out so long as it’s not after hours when the park is closed. Thanks for asking.
(This is information only – not legal advice.)
A couple of days ago me and a couple of my buddies decided to skip school and go to his house, but I went to the end of the street looking for a place to turn around and saw an entrance to a field without any signs or ropes blocking it off, so we went maybe about 20 yards into the field and stopped and talked then we came back out to the road and parked and when I shut my truck door and then a police officer pulled up and after everything was said and done I ended up with three charges Criminal Trespassing, truancy, Minor in possesion of tobacco and I did not know it was private land
Dear Wesley: When you go to court for the tickets, you can explain to the judge or probation officer what happened. If this is your first offense, you may be eligible for a diversion program. That means, if you admit what happened and complete some community service or attend a class, the charges will be dismissed and you won’t have a record. Ignorance of the law is not a defense. So, you may still have committed a trespass even though you didn’t see any signs. Good luck.
(This is information only – not legal advice).
I want to know if the police have permission to spend my driveway and be looking at my license plates in the driveway
Dear Maria: It’s going to depend on the specific facts and circumstances as well as the laws in your state. If you have a gate, something similar and/or “No Trespassing” signs posted, then the police may not be permitted on your property. Try Googling the name of your state and “trespassing laws” for more information about the laws in your state. Good luck.
(This is information only – not legal advice.)
My step daughters mother, brother and boyfriend came to our property yesterday and started a physical altercation. The police office said I could not charge the mother with trespassing because when she text me she was coming over I told her to come, however, I didn’t not know her brother and boyfriend were coming and they were not invited; can they be charged with trespassing?
Dear Jennifer: You’ll have to speak with the police about it. Ultimately, it depends on the specific facts and the laws in your state/city. Since you didn’t necessarily say that only the mother was invited over and didn’t specify that she had to be alone, it would be difficult to charge them with trespassing.
(This is information only – not legal advice.)
in 2011 I was given a summons for trespassing in my friends building. I never showed up for court cause I was scared of what they would do to me. I wanna go to get rid of the summons but I’m scared I might get arrested.
Dear Alexa: You are doing the right thing by wanting to take care of it now, otherwise you could be arrested if you’re ever pulled over by the police and there is a warrant for your failure to appear in court. Contact the clerk’s office at the court and explain that you believe there is a pending citation or charge and that you would like to take care of it. They will probably tell you to show up in court on a certain day and time. When you go to court, you may be offered a diversion program or have to pay a fine, complete some community service, etc. Your chances of being arrested for this charge are very unlikely if you self-surrender and show the court that you’re taking responsibility for your actions. Good luck.
(This is information only – not legal advice.)
Your Honor,
I live in an apartment complex and behind the complex is an HOA owned community. There is a small cut through (no more than 20 yards) that passes through the community that has a no trespassing sign posted. Am I breaking the law if i use that cut through to walk my dog to the nearest public park?
Dear Phillip: If there is a no trespassing sign, then yes, you would be trespassing. Perhaps you could try talking to someone with the HOA to see if you they would mind you using it to access the park. Good luck.
(This is information only – not legal advice.)
Your Honor:
I own a condo and my work crew is remodeling my bathroom. The door to my unit was slightly ajar one day. My neighbor opened the door and went inside my condo unit when I was not home, went into my kitchen, and said he found a substance in my kitchen sink that was also in my neighbor’s pipes below. This is not possible, as my sink is broken and can’t process anything down it. Anyway, the HOA has used his story to say I caused the plumbing problem in the unit below, which is not true. Whether it is or isn’t these are not my question, however. Can I object to his testimony being used as evidence against me because he was trespassing? Is that a good defense? I think it puts his credibility in question, but I’m not a judge. The other issue is that they just want someone to pay the bill, an I’m an easy target.
Dear Krista: AsktheJudge.info is an educational site for and about teenagers and the law. We suggest you speak with an attorney who handles property law for further information about your case. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
hi there i have a ex boyfriend that im really scard of ive broken up with him for 6months now because he was beating me up when i was with him finally got free but ive been seeing him everywhere i go and it makes me not even want to leave my house can you please help me i have his name and number plate but thats about it …. what do i do help me!!
Dear Chevonne: Consider going to your local city, municipal or justice court to get a protective order. If you think he’s stalking you or if he’s made any threats, you need to protect yourself. Explain what’s been happening to the judge and ask for a restraining order that will keep him from contacting you at home, work or anywhere you are. You don’t need a lawyer to obtain a protective order. Good luck & stay safe.
(This is information only – not legal advice).
Me and my boyfriend went into a park without knowing it had a curfew. We weren’t even there for a minute and we got pulled over by two cops. He handed us trespassing tickets and a court date to appear at. We both have clean records and this would be our first incident ever. We called the station and talked to an officer and he said we most likely might get it dropped all together or just have to pay a small fine.
Dear Anon: It sounds like you may be offered a diversion program when you go to court. If you complete such a program, then the charges would be dropped and you would not have a record from the incident. Good luck.
(This is information only – not legal advice.)
I’m 16 and the other day I was at a church near my house playing lacrosse I got the ball stuck on the roof so I climbed up and got it and climbed straight down when I noticed one of the pastors watching me he freaked out and called my mom and told her that if I ever go back to the church he’ll call the cops and I’ll get arrested for trespassing
Will I really be arrested for going back and was I wrong I honestly felt it harmless at the time to grab the ball and I didn’t break anything and I told him I was getting the ball
Dear Mandi: What you did in retrieving the ball was harmless since you didn’t hurt yourself or damage any property. However, going on someone’s property, especially a roof, without permission may be trespass as defined in the laws where you live. So, now, since you’ve been told not to return to the property, don’t or you could be ticketed for trespassing.
(This is information only – not legal advice).
i have A QUESTION I LIVE IN CALIFORNIA I BEEN IN THIS HOUSE FOR 2 YEARS AND BEFORE THAT MY FRIEND WAS STAAYING HERE FOR A YEAR PRIOR SHE MOVE TO HER BOYYFRIENDS HOUSE AND I ENDED UP STAYING HERE WE WERE PAYING RENT TO HER BUT NOT FOR THE LAST PASSED 2 YEARS SO THE OWNERS OF THE HOUSE I DO NOT KNOW I HAVE NOT RECIEVE LETTERS FROM THE COURT OF EVICTION AND DO NOT KNOW IF THE HOUSE THE BANK BOUGHT THE COPS CAME AMD ASKED QUESTIONS ABOUT THE HOUSE AND SAID I HAD A WEEK TO MOVE AND IF THEY CAME BACK AND WE WERE STILL HERE WE WERE GOING TO JAIL FOR TRASSPASING CAN THEY DO THAT LLEGALLY DO I HAVE TO MOVE OR WHAT SHOULD I DO PLEASE RESPONSE THANK YOU VERY MUCH.
Dear Michelle: AsktheJudge.info is an educational site for and about teens and the law. We suggest you try contacting an attorney who practices landlord/tenant law for information and advice. It sounds like you did not sign a lease and therefore, may not have any legal standing to stay in the house. An attorney in your area should be able to tell you your rights based on the circumstances. Good luck.
(This is information only – not legal advice.)
Is it legal for a city to ban you from entering the ENTIRE city? My boyfriend got into some legal troubles in a metropolitain city of Kansas City and was told if he is caught in that city again it will be considered trespassing and he will go to jail. Is that warning legaly binding?
Dear Reno: If that is a condition of his probation, then he needs to comply. Otherwise, if he’s not on probation, then it would depend on the laws of the state/city. He may want to consult with a criminal attorney about this if he wants to return to Kansas City or even live there. Although the warning could have been nothing more than a way to scare him and keep him out of the city, he doesn’t want to risk getting into trouble if his name is in the system and he’s actually facing legal consequences. Good luck to him.
(This is information only – not legal advice.)
I am on the joint deed for my house.
Recently my mom put trespassing notice on my boyfriend. Even the cops felt bad because they know my mom is crazy. Since I’m also on the deed can I have this notice removed?
Dear Brooke: We don’t provide legal advice to adults or teens. We are an educational site for & about teenagers and the laws that affect them.
If you’re a minor, whether you’re on the deed or not, you have to listen to your mom until you turn 18 or are otherwise emancipated (marriage or military service, for example). If you’re an adult, we suggest you talk with a lawyer who practices landlord/tenant law or property law. Good luck.
(This is information only – not legal advice).
i am being changed with criminal trespass in nj for a previous apartment i use to live at and for criminal damage to the property. heres my dilema. i moved from the property in novemeber. the landlord recieved keys and was in the apartment at the time i left. i moved out of state and 2 months later i get a letter from court saying i trespassed and damaged the property in jan of 2013. i hadnt been in nj since november 11th 2012. the courts have given me 4 different court dates and i have gone to 2 at supreme level. it was downgraded back to municipal and they keep rescheduling the date. now i have court set for monday the 11th of march and i will not be in USA. i have been in colombia since feb. i was told that at the last court date the person making the compliant hadnt shown up to any court dates. and if i didnt show to this one a warrant would be issued for my arrest because i am a fugitive and running. I am not running i simply am out of the usa for an extended period of time. till june. i sent documents of proof i was away during the surposed trespass but judge refuses to review. they are insisting i come to court. mind you they just sent me the changed court date yesterday. talk about short timing.
Dear Mrs. Rios: Ask the Judge.info is an educational site for and about teenagers and the laws that affect them. We do not provide legal advice to adults or teens.
We will suggest that you talk with a lawyer in the area where this happened. He or she could make an appearance for you on Monday and explain your situation. Otherwise, if a warrant is issued for your arrest, it could prevent you from returning to the U.S. Good luck.
(This is information only – not legal advice).
Sitting in park got a ticket lost it got a warrant will go to court next week. Is this going to be on my record. Never been arrested. New York City.
Dear Pinny: That depends on your age, what the ticket is for, the policy of the prosecutor, the practice of the court, etc. Many factors come into play here. When you go to court you can ask about a future record. If you’re offered a diversion program, that would prevent a record that would follow you around later on. Good luck.
(This is information only – not legal advice).
I currently reside with my grandmother but I do pay for half of the bills and sustain my own living. Anytime that we have a fight, she threatens to call the police and say that I’m trespassing…I usually end up staying with a friend but, in case I can’t, I was wondering if its technically trespassing if I pay bills at the residence.
Dear Ashley: Trespassing is defined slightly differently from state-to-state. You’ll have to check to see how your state defines this. So, Google the name of your state and “trespassing law” for the details. Generally speaking, if you live there with your grandmother’s consent and pay some of the bills, this wouldn’t be considered trespassing. Good luck.
(This is information only – not legal advice).
I rent a property for my animals, several acres. Between my rented land and the neighbors is an old road. A tree stand is in the middle of this road. I climbed into this stand and was charged with trespass. I went to court and the judge said I needed a survey to prove it is not the property of the the prosecuting party. A survey would cost 3000 dollars. The fine was 300. I showed the judge land markers and pictures she argued that they could be any markers. I asked if GPS coordinates would please the court. She responded I need a survey. I was always under the understanding that the state had to prove I was in the offence. The procecuting party did not supply a deed nor did the officer contest the location. I am allowed to appeal- but the judge made it seem as though I would need this survey. I do not understand the verdict nor the law? This survey would be a financial burden 10% of my yearly salary. Note the tree stand was a ladder to a platform in the tree and had a no trespass sign at the bottom.
Dear CED: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you see if you can get a legal description of your property and your neighbor’s from your local planning and zoning office or the county assessor. It may cost a few dollars for the copy but far from the $3,000 you’ve been quoted for a survey. Good luck.
(This is information only – not legal advice).
If I was riding to pick up my child from the Housing Authority Projects. I didnt get out of car. Police pulled car take me to jail for trespassing. I was taking to jail before for,for walking out there. I was not walking this time I was riding to pick child up. How can they charge me for this.
Dear Sheila: If you were told previously to stay off the property and you returned there, that could be the reason you were arrested for trespassing. If you don’t understand how you could be arrested and charged for this, you may have an opportunity to talk to a prosecutor or even a defense attorney, if one is appointed, when you go to court. In addition, you may be provided a copy of the police report. Be sure to stay away from the property or talk to the manager about it so you don’t risk another arrest. Good luck.
(This is information only – not legal advice.)
My friend/boss and i were at her house, and we were holding onto mail from her past roomate, the situation had ended badly. We told them “come get your mail, or we will burn it” we were not going to of course,but we didnt know of any other way to get it to them. her and her boyfriend arrived shortly afterwards, and had called the police, but after they recieved their mail from us, abd were told to leave, they decided to have some choice words with my friend. It escalated and the ex-roommate’s boyfriend punched my friend in the face on her property. i defended her physically, and recieved an assualt ticket. he didnt get anything, though he didnt hurt her bad, im curious if i have a chance to get my ticket cleared in my trial, seeing as the judge denied my appeal for a court appointed attorney. if you could assist me with any references of oregon laws that they broke that will help my case, i would appreciate it
Dear Alex: AsktheJudge.info is an educational site for and about teens and the laws that affect them. You will have a chance to tell your side of the story and let the judge or jury decide the outcome if you choose to take your case to trial. You could try to schedule a consultation with a local criminal defense attorney in your area for more information and advice. Good luck.
(This is information only – not legal advice.)
today i went on to my old school campus during school hours to drop off photos for some one. i stayed for a few minutes to talk then i was picked out of a crowd and taken to the security office. then was given a ticket with a court date set for Feb, 25th, 2013. i am 19 years of age, and my questions were. will this go my record? how much will i have to pay for this ticket? this was my very first offence with the law and i do not have any thing on my record at all. i had pure intentions just logic was not there. i realize it was wrong and wish to just get this all behind me. please help…
Dear George: Because this is your first offense and you’ve never been in trouble before, you may be offered a diversion program. This means that upon successful completion of the program (community service and payment of a fine), the charges would be dropped and you would not have a record. Fines vary from court to court, but generally they are between $100 and up to several hundred. You will find out more when you go to court including what your options are. Good luck.
(This is information only – not legal advice.)
My families land is marked with signs regarding trespassing, over the weekend my sisters ex-boyfriend showed up and started harassing my family we was driving up and down our road and in the driveway, at one point he got violent and my broke threw and axe handle and it went through his back window shattering the window. Since he was trespassing are we responsible for the damage to his vehicle.
Dear Jenn: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults. You’re speaking here about two different crimes: trespassing and criminal damage. If the police are called they’ll investigate both and charges are possible. His trespassing may not justify damaging his car. Good luck.
(This is information only – not legal advice).
I live in a house with 6 other housemates. If one of my housemates gives permission for someone to enter the house but another housemate does not, would the guest be trespassing?
Dear Anon: You need to look at the terms of your rental agreement. There may be specific conditions concerning visitors. You could also ask the landlord about this and for a copy of the agreement if you don’t have it. Good luck.
(This is information only – not legal advice.)
My boyfrind and i got into a confrontation one night and we left eachother. He had left hi cell phone at my house earlier that day. He had a key to my apartment and permission by me to enter to get hs phones because wasnt home. He instead kicked open the door to retrieve his phone and then vandalized some of my property while inside which was charged a misdemeanor. He was initially charged with burglary but seeing as though he had permission to enter and his intet wasnt to commit afelony can this be considered trespassing for the way he entered my apartment?
Dear Breana: That depends on how the laws where you live read. Since you gave him permission to enter when you were gone, it may not fit trespassing. But it may constitute criminal or property damage for the way he entered and the damage done once he entered to other property. It will be up to the prosecutor to bring formal charges against him. Good luck.
(This is information only – not legal advice).
I have written permission to hunt a property sandwiched between 2 400 acre farms. Early in the season we hang tree stands throughout the property. After about 3 or 4 months we went back to one of our tree stands and it had been removed and all the hunting gear (safety harness and straps) had been cut or damaged. The tree stand was stolen. Being that we hunt this property on a regular basis we are pretty good about knowing where the property lines our just by word of mouth by the owner we lease the land from. After confronting the property owner closet to are property to see if he had seen anything he proceeds to tell us it was his nephew who destroyed the stand and that that particular stand was on his property 8ft inside the property line. There were no signs posted or fences or any type or markers. I accidently placed my stand on his property does that give him the right to destroy my property? He said he would not pay me for the damage or the stolen property and if I took him to court he would charge me with trespassing. Can he do that? My hunting equipment is worth about $300.00 dollars or more.
Dear Jimmy: Whether you could win a civil suit for the damage caused to your property will depend on all of the specific facts, the laws in your state and ultimately, the judge’s opinion. It probably would not be worth your time or money as there are filing fees for filing such claims in small claims court. At the same time, the property owner does not have the power to “charge you with trespassing.” He could make a complaint to the police and it’s possible that they will investigate the matter if they have the time, resources, etc. in that department. Then they would turn over the case to the prosecutor’s office to decide whether or not charges should be filed. If you cannot agree to reach some sort of settlement with the property owner, then you may want to move on. Good luck.
(This is information only – not legal advice.)
If you are trespassing and Class A private security officer asks for your identification are you required to identify yourself and hand over your I.D. ( note that class A private security officers have full police authority on there properties and the ability to check for wants/warrants as well as arresting powers and are licensed through police department) I was just wanting to know to have a better knowledge while performing my duties
Dear Casey: That’s an excellent question. It sounds like you are a private security officer, so it would be best to follow up with your local police department who you are licensed through. A person may be required to provide identification to a police officer when asked to do so and since it sounds like this type of private officer has full police authority, then the same requirement may apply when dealing with such officers. However, you don’t want to be overextending your authority, so ask the police department or perhaps the company you are employed with. Good luck.
(This is information only – not legal advice.)
My son is a Senir at a major high school in Texas. In the fall semester 2012, his end of semester critique of his theatre class was scolding.Scathing. He said his teacher was bad, hated the class and she made numerous errors in artistic judgment.Really put her down. He said he would never want to work with her again. He was ‘abrasive’..and for many reasons.He was a smart ass basically. But, he never threatened her. Never. Just critical of her. It was an assignment for the class, he did not just drop off a scathing review.. He shows up to school today and the AP said that he was given a trespassing warning. That he not allowed to go to the West end of the school, the auditorium for any events and if caught in the 1400 numbered halls or auditorium=m or half the school he would be issued a ticket by The School Police for trespassing and arrested.What the hell? This is a campus of 2000 students mind you.His 4th year. He has never threatened anyone. Including now. Yet, the school is saying,’ Your allowed on campus, but cross the line and it is felony trespassing.’?? This cant be legal. The school has agreed that there was never a threat.He was not even given detention or in school suspension. So, he could go to school and be rewarded by receiving a trespassing charge? Is This Legal? Is this grounds for a discrimination law suit? We are attempting now to transfer him, his last semester, to another High School…. Help!!
Dear David: First, you should request a meeting with the principal to discuss the situation, clear things up and calmly address your concerns. It sounds like an overreaction on someone’s part and if the principal realizes the facts and that you’re willing to transfer your son, take legal action, etc., then hopefully the matter can be resolved quickly. If you don’t get anywhere with the principal, you could take the issue to the School Board. Finally, you could seek further information and assistance from an attorney in your area who handles school or education. We hope this is resolved quickly and easily for your son’s sake. Good luck.
(This is information only – not legal advice.)
My backyard neighbor’s kids and their friends had been going over the fence to my backyard to pick up their soccer ball. I had told them not to do this for several times. I also approached the mom. But they’re still doing it. Some of the bushes in my yard were damaged. I had to pay people to fix it. What can I do or what are my options here to stop them going to my backyard without permission for good?
Dear Evie: We suggest you speak once more with the kids’ mom. Let her know you had to pay someone to fix the damage done by their trespassing. If it continues, you can talk with the police and ask how to solve this or, as a last resort, talk with a lawyer about your rights. He or she may steer you to small claims court to be reimbursed or obtaining a restraining order against the kids. You have options but it’s best to minimize any future contact and keep the peace between the families. Good luck.
(This is information only – not legal advice).
What can the cops do if a guy went into my backyard twice but didnt do anything? Its my house and both times I wasnt there but there were three witnesses and our neighbor also took a photo of his license plate. Will they look up any of his info or follow him to see whats going on? Its an.out of state car. I am just wondering what the cops would do to him if they get th e picture of his license plate.. Are they allowed to search his emails or texts or phones or house n stuff? Will they do a nything at all? Can they tell me who he is ? Just curious as to what I am able to do
Dear J: Depending on how busy your police department is, they may investigate this by trying to locate this person and question him about being on your property. To search his emails, etc. they need probable cause that a crime has been or is in the process of being committed. If they decide to seek a search warrant, they have to bring the judge or magistrate some evidence in support of their claims. You might consider posting a No Trespassing sign. Good luck.
(This is information only – not legal advice).
I own a property with HOA-they sent me a letter requestign the outside fence in back be painted and front door.I sen tthe tenant 48 hours noticemthey refuse to let Me on the property to do the repair.Now HOA is going to start fining Me so much pr day for failure to comply.What can I do-I live in California?
Dear Sherin: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact an attorney in your area who handles landlord/tenant matters. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
My boyfriend and I were making out in an empty parking lot at 8 pm. A rent a cop from that community tapped on our windows and asked for our IDs. We obliged. 5 minutes later, the cops came. I asked what was going on, and he threatened me with jail right away. It turns out the parking lot is private property. They also said we committed a lewd act. We got tickets for trespassing. My mom wants the police report. Will it include the making out? Or just the trespassing? Thanks.
Dear Anonymous: It depends on what the officer decides to put in the report, but since they are trained to be specific and include all possible relevant facts, there’s a decent chance that they may include what they observed between you and your boyfriend. Perhaps you can tell your Mom in advance so she isn’t surprised or disappointed when she sees the report. Also, she may appreciate the fact that you’re being up front and honest with her. Good luck.
(This is information only – not legal advice.)
At my local church there has been two homeless people that has been sleeping outside the church. They are not only sleeping there but the are also peeing and pooping on church property. They are also throwing beer bottles on the church property and also using church property as their storage area. Not only that but they are also harrasing members for money and intruding in our events. What should I do I have already called the local police department but I am getting conflicting answers. Someone tells me about a no traspassing thing through the police department but then again an officer tells me that there is a law about a church having an open church law. What should I do? I am confused.
Dear Philip: You need to find out the local trespassing law and possibly other laws in your city. The littering, urinating, etc. certainly must be against your local laws; however, if the church is not complaining and/or the police are looking the other way, the individuals may continue to get away with it. Perhaps you could talk to the minister or another church employee to express your concerns. Maybe if the couple were directed to resources in your area like a homeless shelter, soup kitchen, etc., they will discontinue hanging out on the church property. Good luck.
(This is information only – not legal advice.)
Hi i was arrested for a B&E with intent at a abandon building. I was with a friend cause he said he needed help so i said sure he told me he had permission to be there and that he has to give the owner a percentage of the scrap money. when the cops showed up we both were arrested what can i do about this
Dear Jay: Ask for a lawyer to represent you and explain exactly what happened. You can also hire your own lawyer but you may qualify for a public defender. Good luck.
(This is information only – not legal advice).
Hi, I went to a beautiful park in my own upper-middle class neighborhood around 8 pm on a Sunday night to have some fresh air. I got a Trespassing Ticket at the Eden Shores Park in Hayward. I feel like I’m being tricked by the Park Ranger to get the ticket! Basically, the sign was no where to be seen when we drove in the Park, and the gate was intentionally left opened by the Park Ranger. He knew that we did not see the sign, and we did not know the Park Hours, but he still went ahead to issue all of us (other people are strangers) Trespassing Tickets! For a more detailed story, please go to my blog http://cameran123.wordpress.com/ I would appreciate some advice! Thank you very much.
Dear Cameran: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you tell your story to the judge when you go to court for the ticket or the prosecutor and you may be given a break this time. Good luck.
(This is information only – not legal advice).
Me and the kid I didn’t like went to a nearby church to fight. Around 100 kids also came to watch. A lot of people there video taped it. The police got a hold of the tape from one person, and came to my house and told me they had to verify that it was me in the video. Can Te church only press charges on me and my friend or do they have to press chargers on everyone? In the video you not only see us fighting, but about 50 other people cheering it on. Also I’m 15, so what could happen of they do press charges?
Dear DJ: Whether or not criminal charges are filed against you and/or anyone else is ultimately up to the police investigating the matter and the prosecutor’s office. The church most likely made the complaint and called the police, then a report is made and the police investigate. It’s very unlikely that everyone in the video would be charged as it would be very difficult to identify everyone. If charges are filed against you, a notice to appear in court will be mailed to you. If this is your first offense, you may be offered a diversion program and have to complete some community service, pay a fine and attend a class or counseling. Keep in mind that assault charges could also be filed for fighting, so we hope you learned from this that it’s not worth it. Good luck.
(This is information only – not legal advice.)
I had some friends who are homeless and were camping in some woods near a river in my city. They ended up being kicked off the property by the cops and told they were trespassing. However the cop also said the land was undeveloped city land. To me that sounds like the exact definition of public land. There is a no trespassing sign at one entrance but it was put up by someone who doesn’t even own the land. So were they actually trespassing?
Dear Sam: Every town and city has laws about trespassing. They need to be looked at to see the exact language that’s used and what actually constitutes a “trespass.” You can look it up on Google or go to your local public library and ask a librarian to see the town’s trespassing law. Good luck.
(This is information only – not legal advice).
Can an apartment complex ban guns and enter uninvited just to check the condition of the apartment, if its not an emergency. with or without a notice, does the notice even matter if you have not requested them to enter.
Dear David: You have to look to the specific language in your rental agreement. You may have already agreed to entry by the owner or landlord of the property in signing the lease. You also have to check the landlord-tenant laws in your state to see what’s allowed and what privacy protection tenants have. You can always consult a local lawyer who practices landlord/tenant law. Good luck.
(This is information only – not legal advice).
So I was using the shower at the college I’d attended the previous quarter. the security gaurd came told me I wasn’t supposed to being using the facility if I wasn’t a current student and then call the police. A cop came told me If I was seen on the college premisis by that security gaurd again I’d be charged with trespassing. Is there a way to get the trespassing thing expunged if I’m want to enroll there again?
Dear Fruanc: If you have a trespassing charge on your record, you may be able to have it expunged. The process differs from state to state and sometimes from court to court. Contact the court you were in or the police department involved with the incident and ask about the expungement process. In some states there may be a waiting period since the trespass happened like a year or so. Good luck.
(This is information only – not legal advice).
I got caught by volunteer security while walking the grounds of a vacant school really doing nothing wrong. They called the cops and the cop simply searched my friends and I to find nothing and took our names and numbers which didn’t really seem to matter because my friend admitted to the cop a few minutes later that he gave him the wrong number and the cop didn’t care. After that the cop told us to simply leave and drove off, and I didn’t hear anything after. My friends dad said cops usually don’t follow through with simple stuff like this since it more trouble than its worth and I would probably get away with it again. Is this true about my situation?
Dear Mike: It may be and, if so, you got lucky this time. The police could have given you a ticket for trespassing. It’s unlikely you’ll hear anything further about this incident.
(This is information only – not legal advice).
Couple days ago, I went to a car shop had my tire replaced. The price was not right, so I called the police. After polices came, we chat about 5 minutes, he said the price is right, the other police said, if you don’t like it then don’t come back.
So, me and polices went back to car shop, We talked on the price again, got a little argument, finally I paid it off. The other police said it again ( if you don’t like it then don’t come back.) . The owner said Thak you. Then I left.
My question is, If I do return to the car shop am I commited a treapassing someone’s property?
Dear Jackson: The general definition of trespassing is your unauthorized presence on property where you’ve been told not to go or where a “No Trespass” sign is posted. If the owner of this store did not prohibit you from returning or tell the police he didn’t want you back again, then you may not be committing a trespass. We can’t say for sure because you need to check your state’s trespass laws. You could always contact the owner by phone before you return to see if you have his permission to do so. Good luck.
(This is information only – not legal advice).
If a home is being rented and the tenant says that you cannot be on the property is that still considered tresspassing since the tenant isnt the actual property owner?
Dear Evan: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a local lawyer who practices landlord/tenant law or property law. Generally, a tenant has certain rights over their rental space and can prohibit certain persons from entering that space. A trespass can occur on a renter’s property depending on the circumstances and applicable laws. Good luck.
(This is information only – not legal advice).
Hello,
I was smoking a Ciggerrate with friends on what I thought was a public park (just a bench and a trail). A lady walks up and takes a picture of my face and license plate number. She says she is calling the cops, proceeds to dial and drives away.
What can come of this? I didn’t realize I was trespassing nor was I doing anything illegal (it’s legal to smoke a cig at age 16 here, just can’t purchase).
Thanks so much.
Dear Jason: You may get lucky and hear nothing further about this. She may have been wanting to put a scare into you so you don’t return. If the bench and trail are on private property, you’d need permission to be there. If you do hear from the police, it may be just a warning this time. Good luck.
(This is information only – not legal advice).
I used to play action sports at this large ports center. The specific sport/field I played at which was part of the whole business has since closed down, but other parts are still open like the baseball field and indoor arena.. The entrance to get the specific field which connects right at the entrance to the main parking lot and ramps up a hill has no trespassing signs or notices, but is blocked by a pole style gate to block cars. I don’t remember if they were chained together or not, but would walking passed this gate up to this old field be illegal?
Honestly I just want to visit this place for the memories 🙁
Dear PJ: If it appears gated and possibly off limits, then it would be best to not take any chances. Perhaps you can find a phone number to contact the business and simply ask whether or not you are permitted there. Good luck. Please help us help more teens by voting for AsktheJudge to win a FedEx small business grant!
(This is information only – not legal advice.)
The hospital my mother is in is refusing to acknowledge her power of attorney for health care and now that I am standing up for her and voicing her wishes for another doctor or valid concerns about procedures, they tell me that I can not come onto the property or I will be arrested for trespassing. My mother wants to be transferred and a second opinion. She is back on life support to heal her lungs after they collapsed one inserting a catheter. We both witnessed a nurse handling a patient on full life support in CICU very roughly and inappropriately. They are causing my mom more pain and trauma deliberately because we pointed out some things that were not right. Please tell me how I can get back with my mom and not go to jail.
Dear Lisa: We’re sorry to hear about your mother’s situation. Perhaps you could request a meeting with the director or another administrator at the hospital to discuss the situation and see if they’re willing to reverse their decision. Otherwise, you could contact an attorney in your area who handles civil matters like yours as well as power of attorney issues. Many attorneys offer a free initial consultation. Don’t go back onto the property without getting permission to do so as you don’t want to be arrested. Best of luck to you and your mother. Please help us help more teens by voting for AsktheJudge to win a FedEx small business grant!
(This is information only – not legal advice.)
A plupwooder was asked to come to my property some 3+ years ago by a contractor that was going to do some work or me. I did nto ask nor did I know he was oming to look at my timber to harvest. I did not hire that contractor. Some three years later this pulpwooder took it upon himself to come to my property because Jim Beam was going to need some White Oak for a new line they were producing. My son called him back to see what he wanted as he left several cards around. I never called him and there was no further fiscussion other than my son told him he would give me the message. Te amn showed up agian unannounced and spoke with me son at that time agian my son told him he would let me know. I tried to call the man and could not reach him but told him he was not to come on my property. He not onnly came again but he defaced my property spray painting trees he wanted to harvest. I staaarted emailing him telling him to not come and asking what he was going to do to make this right, My untouced woods now had paint all over the large beautiful hardwoods. He did not addres that he has doine wrongdoings and sent me an estimate on what he would pay to harves the trees after I TOLD HIM I WAS NOT INTRESTED and would never sell my timber. He keeps ignoring EVERYTHING I am saying and is trying to use fear and intimidation! Can I press charges to stop this man? He is trying to make a deal with the man next door and I fear he will take my trees too while I am at work. Please help. Thank you.
Dear Colleen: AsktheJudge is an educational site for and about teens and the law. We suggest you contact a property attorney in your area for further help. Since he is entering your property without your permission, you should be able to put an end to this otherwise he should be facing a possible arrest and/or criminal charges. You also could contact the police to make a complaint so that they have the information on file in case he returns and they need to come to your property to address the matter. Good luck. Please help us help more teens by voting for AsktheJudge to win a FedEx small business grant!
(This is information only – not legal advice.)
My 26 year old son was charged by a neighbor whom is a know drug user and was at the time on bath salts. My son and another young man was charged when he went to the magistrate and filed a warrent on them. My son does not go around this persons property. The man claimed someone was putting a laser on him and trying to kill him. These charges will be dropped or dismissed but why should my son have to pay a lawyer to get these charges expunged from his record?
Dear Ray: You don’t necessarily need a lawyer to clear your record. Most courts have a standard form that you fill out and file with the court. There may be a small filing fee. Some courts have the form online if they have a website. Print it out, complete it and take it to the court where this case was heard. Good luck.
(This is information only – not legal advice).
I live in a HUD Housing Duplex unit where in my unit my neighbor & I share a large porch. I’ve lived here with my baby for 2 1/2 years and never had a problem, until she moved in less than a year ago. It’s been nothing but pure hell for my daughter and I. She has had many disturbances between her & her grandsons and I’ve reported them to the office. My bedroom is up against their living room & kitchen! I can hear & feel everything. The fights have escalated into pictures being knocked of MY WALLS etc. And my lil girl sleeps with me now. I’ve tried talking to her and that did no good. Things have only gotten worse. I’ve had to call the police to file a report so the office would have it. She peeks in our windows, to see if we’re awake. If I don’t answer my phone, she will literally BEAT on my front door, back door, my window, the baby’s window, and will holler my name until the entire neighborhood can hear her :(. I am disabled and have serious health issues and I NEED SLEEP! I haven’t had a decent nights sleep in months!!!! Finally, after speaking with the police, I blocked her phone from calling and texting me which cost me $6 extra a month AND I put a note to HER on my door simply stating: Please Do Not Knock, Beat on doors, windows etc, yell my name, WE DO NOT WANT TO BE DISTURBED! Thanks & God Bless :). My Landlords thought it was nicer than they’d be, the police said it got the point across and if she violated it, they could do something now. That was over a week ago! Today, I was outside loading my car when she caught me outside on the porch and “Lunged,” at me in a threatening manor and started screaming in my face that my daughter deserved a better mother and pointed to the sign and said,”You see that little charade you started? Well you’re gonna PAY LIL’ girl!” “You’ll see what happens to you…..I’m gonna go to court and have your daughter taken away from you!” ……and so on with a million lude comments said about me in front of my child then stating “just wait till you see what I post about you all over my window and online.”. I grabbed the baby & left. When noone was at the office I broke down in tears, fearful to even come back to OUR ONLY HOME 🙁 I had no choice but to call the cops & they told me to come in. I was thankful for their help but I’m still in fear for our lives. THAT’S HOW CRAZY SHE IS! My question is, and the chief was going to go speak to the DA about Stalking and Criminal Tresspassing…… Can you file CT on a neighbor if you’re in a duplex like this????? PLEASE HELP MY BABY AND I!!!!!
Dear Anon: We’re sorry to hear about your situation with your neighbor. However, AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults. Either the police or county/district attorney should be able to answer your questions about the trespassing laws in your state. You can also Google the name of your state and “criminal trespass” for the definition. Good luck.
(This is information only – not legal advice).
I went down to management of our town homes to discus setting up an apt for pest control. I did not pick nor pay for the company, the town home association did. I was given a day and tome frame in which the appointment would take place. Which was within a few days of my initial mentioning to management. The day the tech was to arrive for my appointment, I stopped by managements office to discus a few things. Which, before leaving, I confirmed with management that the tech would be coming today. She did confirm to me that the gentlemen would between 1-4 PM.
I expressed to the manager that I haven’t had any sleep in over 36 hours due to working on animal abuse cases and was exhausted and may not hear my phone once he called to let me know he was in route or hear the doorbell. She then asked if it would be alright for him to go ahead and enter my home. I said that was fine because 1.) I would be home during that duration he was to arrive 2.) He’d call prior to arriving to confirm he was in or would be in route.
4 PM comes and goes, no tech nor phone call to say he was running behind and would still be able to come at a later time that same day or reschedule. Nor did he call to say he was in route.
Once I returned home, the tech had left a door hanger confirming he was there with his name, time, and date. The time that was wrote was 4:15, which is clearly after his allotted window he was to arrive and permitted to come in. As I then entered my home, shortly after I noticed my engagement and 2 wedding bands were stolen.
Without surveillance proving he did in fact steal my rings, Not only was he the only one in my home, but prior to leaving, I had my rings next to my lab top due to working for so many hours my fingers were swollen, so I always take them off and place them on a little bowl next to my lab top. Before leaving, I closed my lab top and see the rings were still there.
So instantly I knew they were stolen. However, before jumping the gun, I searched my home high and low, nothing. I then contacted the manager of the company where we then conversed that following week on the next steps would be. The owner was going to give the tech a lie detector test, however in the state of Virginia it is illegal. I was then informed that either I was to turn it into my insurance and or file a police report. Since they wouldn’t be taking any responsibly since I had no proof of the tech stealing the rings. My argument in response to this:
1.) How many people actually have surveillance within their home?
2.) Without surveillance weather someone is home or not, that’s the perfect opportunity for someone to steal because there is no surveillance, which comes down to my word against his
3.) He was only permitted in my home PERIOD between the allotted time I was given they would arrive between
1-4 PM. There for confirming he was in the home, and after that time window, he’s now trespassing which is
a criminal offense.
4.) He did not have authority to enter my home after 4.
5.) No call stating he was running late at ay time during the day to indicate he would still be able to make it, it
would just be at a later time, or I could reschedule.
6.) No curiosity call he was ever in route.
After pointing out these points to the manager, which was going to relay them to the owner, I explained they had 3 options at this point:
1.) The tech can be approached by saying if my rings weren’t returned, he’d be fired
2.) My husband and I would sit down with him and or the owner as ill provide proper documentation of my rings
and pictures. That he could pay outta pocket or turn into his insurance. Which they make it a point to pride
their company on having insurance.
3.) I would then file a police report on both the tech and the company. At which that time the prosecutor would
motion criminal charges for trespassing equaling my rings stolen and restitution.
The manager then stated I should go with option 3 because I had no proof he in fact stole my rings. Will making
two police reports do anything without evidence or him stealing but can go with trespassing? This really ticks me off that not only did he enter my home after allotted time, not being home at the time of his arrival, but then can get away with stealing personal property with no repercussions. How can I have them held accountable?
Dear Chell: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you speak with a local attorney familiar with criminal law and/or the police to assess your rights in this situation. Good luck.
(This is information only – not legal advice).
Dear Judge Tom,
So a couple of my friends and I were old by a friend that he had access to a pool. We show up, swim a bit, and the cops show up as I’m leaving with a friend. They pull in to a local restaurant that we stopped at immediately following the incident and proceed to tell us that we were getting trespassed from the property since it was obvios we had been swimming. Unbeknownst to us, nobody actually lived in the community so it was considered trespassing. Even though all of us were under the impression there was. However, the officer just wrote our names, date of birth, and phone numbers down. The other members of the group who had stayed had their ID’s recorded while we had not. Since I’m 18 and was not issued a citation, nor had any identification recorded, is I still possible to be charged/arrested/cited? Everyone else was under 18, and practically issued a warning. Is it safe to say I was as well? Thanks.
Dear Nick: It sounds like you got lucky this time. Since the police didn’t cite you at the time or take any contact information from you, this may have been just a warning. Otherwise, you could get a notice in the mail about a court hearing. Probably not, though. Learn from this and be careful when you’re out with friends.
(This is information only – not legal advice).
dear judge tom,
i have a neighbor i originally thought was nice. then, she stopped my three daughters from playing with her daughter. then, she started roaming around my backyard following her 2 year old around walking under my kitchen windows listening to my conversations with my husband. walking around putting her daughter on my swingset, sliding down my hill, looking at my rabbits . just strange. i wrote and asked her to stop. her landlord got mad and walked in my home shaking her fist at my daughters telling them not to trespass on her property that was really her mother’s who we did more for than she did. then, they put a fence in. next they show up in my driveway on my property to cut my side of the hedges. then.they issued a no trespass order to myself and my husband who had stopped going there anyway. since then i hung blinds on my porch to avoid conflict because they faced their chairs facing my porch. since then the lady has been stalking me almost every time i go out my back door she jumps out her door to alarm annoy harass me. last week my daughter asked her daughter to get the bus in front or her own house the girl said no i then called and asked the bus co to please pick the girl up at her own home to avoid conflict. they did now the mom is out in front of my home pacing the sidewalk at 12:00 waiting for her youngest daughter to get off the bus in front of her own home in addition to the pacing the mom is now shouting at me. she even went to the local police and told them i was on my front porch with a video camera and sent the police to my home. do i have any rights? is there anything i can do? would she jump in front of my car if i pull out of my driveway and try to say i tried to run over her? i am in fear. fear of her what she might do. i am in fear for my safety. my 3 children ran inmy house one day after i heard screaming my children started yelling that the lady had her daughter between her legs on the ground and was punching her over and over and that was the screaming i heard. can you advise me? should i move?
Dear Anonymous: We’re sorry to hear about your circumstances. AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact an attorney in your area who handles similar type of cases (property issues, etc.). Many attorneys offer a free initial consultation. Also, you could contact your local court and ask about filing an injunction against harassment or something similar if you believe you’re being harassed and stalked by this woman. Good luck.
(This is information only – not legal advice.)
I went to a cemetery one night with my sister, her boyfriend, and his nephew. When we went there it was about 9 at night and the gates were open so we figured it was ohkay to go in. We didn’t get in trouble or anything, no cops showed up either. Alot of my friends go there and have never been caught by police even when the gates were close. Well the reason why i’m posting this is because i want to go to this cemetery on halloween with my friends. I went there the other night and there are no ‘no trespassing’ signs anywhere. Also i know the gate is close, but literally there is no gate around the whole cemetery. Like half of its gated and then another side its not. You can easily just walk into it. If we were to go there and a cop were to see us could we still get in trouble? I know that cemeteries are usually off limits but because this cemetery isnt fully gated nor does it have signs, would it be ohkay to go in?
Dear Alexis: It’s great that you’re actually considering the issue rather than just taking the risk and possibly getting into trouble. The fact that the cemetery has a gate which is closed at night, even if the gate does not wrap around the entire cemetery means that it is closed to the public and that therefore, you could get into trouble for trespassing if the police catch you. You could always explain to the police that there are no signs, etc. and maybe they would be willing to give you a break and maybe not. You also could call the office number to find out what the visiting hours are. Thanks for asking and stay safe!
(This is information only – not legal advice.)
i wasat the local park with two other friends and we were just sitting there for a minute on our way home an two officiers approached us and said we were tresspassing and gave us citations to go to court but not till 01/06/13..but the amount is not there. could u help me by telling me what will happen from this or how much the ticket will cost
Dear Jacob: When you go to court, you will find out what offer is being made to you and how the prosecutor is willing to settle the case. If this is your first offense, you may be offered a diversion program and given the opportunity to avoid a record for the offense. Fines vary from court to court and usually range from approximately $50 up to a few hundred dollars. Good luck.
(This is information only – not legal advice.)
my bace ball landed on my nabores roof and he wont giv it back can i call the cops?
Dear Eli: Yes, you could call the cops, but they really don’t have the time or resources to deal with cases like yours, not to mention it would be considered a “civil matter”, which is why there is small claims court. However, it probably would not be worth your time or money (filing fees) to file a claim in small claims court against your neighbor. Try talking to your neighbor again or perhaps writing a letter. Settling disputes like yours outside of court is the best way to go. Good luck.
(This is information only – not legal advice.)
So me and my two best friends went to the movies and were below 18 and since the cerfew is 10:00 pm here in south california we didnt get out of the movies until 12:30amish and we couldnt get a ride home so we had to walk and i just wanted to get home quick so we didnt take the main streets so we wouldnt get in trouble by the police and we decided to cut through this park and we didnt see the sign saying it was closed and we walked through and this loud speaker came on and told we were trespassing ans took a picture of our backs and side faces and we got out of there quick and ran home now im terrified that we will get caught 🙁 how can they find us? They dont have our phone numbers or adresses or anything just Our pictures can they do a search warrant on us? Me and my friends have no criminal records at all that was the first time that we did something like that but we had to plz explain im having trouble sleeping cuz im thinking about it to much
Dear Jer: Let this be a lesson to you to make sure to read signs so that you don’t have to worry about being in trouble for trespassing in the future. You will not hear anything more about this incident since the police did not get your names or any contact information. A photo of your back/side is not going to be enough to locate you. Besides the police don’t usually have the time or resources to track down suspected trespassers like you and your friend. We’re glad to hear that you are remorseful, but just learn from your mistake and get some sleep! Take care.
(This is information only – not legal advice.)
Hi. ME and my boyfriend just moved into our new apartment a week ago. We got into an argument and during the argument he hit my lap top and broke it. An off duty cop lives down stairs and he heard us and he came up to see what happenned. We told him what happened.He asked me if he hit me and I said no. Then he called the cops and my boyfriend was arrested for criminal trespassing. I have called the DA office and a few other places and everyone is telling me I cant do anything. I live in georgia. Can I get the charges dropped? Whats going to happen to him? Will this be on his record? I really don’t want him to get in trouble. He has never been to jail before this one time. What can I do to help?
Dear Kierra: The best you can do is to tell the truth about what happened to the police, his lawyer if he has one and the court if you get called as a witness. If this is his first offense, he may be eligible for a diversion program. That will be explained to him when he goes to court. Be smart about this and protect yourself at all times. Domestic violence is all too common and. in some cases, is preventable. Good luck.
(This is information only – not legal advice).
I was at a concert when a fight broke out that i wasn’t involoved in the Security Guards were not sure who started the fight so they threw out about 7 people that were around the incident when it happened, me included. There were cops out there when I got out and I told them I was going to wait till the concert ended so that I could get my flip flops which fell off when the security guard grabbed me and pulled me out. One of the officers told me I needed to leave. I told them I had to wait for my friend because she was the one who gave me a ride here, and they told me just to start walking so I walked to the parking lot they didnt give me one warning saying I wasnt aloud to be in the parking lot and told me I was being arrested for Tresspassing!!! is this valid??? Should I plead not guilty at my court date?
Dear Ashley: If the officers believed that you were kicked out of the venue including the parking lot, then it’s possible that they were able to arrest you for trespassing if you refused to leave. When you go to court, you may be offered a diversion program. That means that upon successful completion of community service and payment of a fine, the case would be closed and the charges dismissed. However, you may want to take your case to trial if the charges aren’t dropped. You will probably have an opportunity to speak with a court or probation officer and explain your side of the story. You will find out more including what your options are when you go to court. Good luck.
(This is information only – not legal advice.)
My parents told my boyfriend and I that we could live there until we found a place to move into. We have a 6 month old daughter together. We haven’t got any call backs because my bf’s credit score is low so we are having a hard time finding a place, but we’re still looking for a place iin Hawaii though. My parents really hate my bf and is telling me to tell him to move out or else they will call the cops for him trespassing. Can they do that?
Dear Jodie: If your parents did not enter into any type of contract or lease agreement with your boyfriend, then it’s possible that they can call the police on him if he doesn’t move out. Perhaps you and your boyfriend can sit down with your parents and try to work out an agreement so that he can continue living there until you find a place or make other arrangments. Best of luck.
(This is information only – not legal advice.)
I was given a ticket for trespassing because I was sitting on a porch in the front yard of an abandoned house, though people are living in the back and one of them was a friend of my friend, which is why we were there. I was only there because my friend wanted to talk to his friend about something really quick and then cops showed up and gave us a ticket. I didn’t know the place was abandoned I thought his friend lived there that’s why we were there. Was that trespassing ? And I have a clean record, what happens when I go to court? I’ve never gone to court before.
Dear Natalie: Depending on your state’s laws, being on abandoned property may be considered trespassing. When you go to court, you may meet with a probation or court officer and be given the chance to explain your side of the story. It’s possible that the charges could be dropped or you may be offered a diversion program. Once you complete a diversion program, the case is closed and the charges dismissed. Therefore, you would not have a record for the incident. You will find out more when you go to court. Good luck.
(This is information only – not legal advice.)
I have a question, the other day we lost something on the roof of a church we went up there to retrieve it and could not find it so we got down a police officer approached me and detained me and after some questioning he gave me a citation for tresspassing.
My question is the officer allowed to give that citation seeing that the church is private property we caused no damage, had no criminal intend , there are no signs posted ,
and the owner of the establishment did not call police to have us spoken to or asked to leave
Dear Joshua: Common sense should tell you not to go on the roof of a building owned by someone else. Whether “No Trespassing” signs are posted or not may not make a difference. Google the name of the city or town where this took place and “trespass” for a definition of the crime. Good luck.
(This is information only – not legal advice).
I was the recent victim of a battery charge against my former room mate/landlord. The day after moving the majority of my stuff out, I returned to the residence and entered with my key to survey the house and collect any remaining property (mail, wall photos, etc.) and return the key.
My former roommate wasn’t home at the time but has since accused me of trespassing in his house. I hadn’t officially moved out, but this was an informal residency arrangement (without a contract) to begin with. I had definitely established residency over the 14 months that I had lived there (corroborated by the responding officer). I certainly didn’t take anything that didn’t belong to me, and he hasn’t accused me of such, just wondering at what point I’m no longer a legal resident of the house.
Do I have anything to worry about?
Dear Waylan: If your agreement with the landlord was verbal with nothing reduced to writing, it’s basically your word against his. So, if this leads to civil charges or litigation, speak with a lawyer who practices landlord/tenant law. Good luck.
(This is information only – not legal advice).
So me and my boyfriend was parked on this what Im guessing private property, there was a No tresspassing sign posted. As we were leaving the owner pulled up, Im not sure if they having cameras or not. But he took my liscense plate number down and he called the cops, I told him I was sorry and he just asked what did I want, I told him nothing, we didnt mess with anything. He told me to get off his property, so we left. Im wondering whats goint to happen now. Is the cops going to show up at my hosue later today? Or if he decides to charge me, am I going to get something in the mail? Thanks
Dear Erika: There’s a good chance that you will hear nothing more about the incident. If the property owner did not take down your contact information (name and phone number), the police have no way of contacting you as the license plate number only tells who the registered owner of the car is, but the property owner had no way of knowing whether you’re the registered owner. In the slim chance that you hear from the police, they may contact you and simply ask for your side of the story. Be careful to avoid driving on private property – if it seems like it’s private even though you don’t see a “no trespassing” sign, then it’s best to avoid hanging around. Good luck.
(This is information only – not legal advice.)
So, today me and my friends went for a little drive and we decided to park near a railroad track and take a few pictures. When we were leaving, a cop stopped us and gave me a trespassing citation, so now i need to see a judge and all that… But, there were no “private property/ No trespassing” signs anywhere. No gates, just a little pathway to the tracks. I was mad that he just didnt ask us to leave, considering that none of us knew that it was trespassing. What should I do? By the way, I have never caused any problems before, its my first offense… Whats going to happen?
Dear Zack: Since this is your first offense, you may be offered a diversion program in which case the charges would be dropped and you would not have a record upon completion of the program. You will find out more when you go to court including what your options are. Explain to the judge or the probation officer you may meet with what happened and how there were no signs posted. Chances are they will offer you some leniency. Good luck.
(This is information only – not legal advice.)
cops tresspassed on my property and spotted 8 small marijuana plants.they came back a week later with a search warrent and busted me. can they do that legaly
Dear Billy: AsktheJudge.info is a site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
Since you were “busted” we suggest you talk with your defense attorney about this. Good luck.
(This is information only – not legal advice).
Can a city official come down if a complaint was called in, he said about construction of sewer in our back yard, he didnt see anything or go in back yard. Can the city official Open your house front door and start looking in your house and see your seven year old and start to lure your seven year old outside to ask her questions.
Thank you
Dear Audrey: This website is an educational resource for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you speak with either the police about this or a lawyer familiar with property law or civil rights. Good luck.
(This is information only – not legal advice).
Every Saturday night a local business hosts a classic car show. The small parking lot gets filled quickly and my friends and I are forced to park in a neighboring lot. The neighboring parking lot is in front of a different local business. The local police like to show up and ask everyone to vacate the property in front of this other business. They stated that anyone who doesn’t leave will be cited for Criminal Trespassing, a misdemeanor with a mandatory court appearance in my area. There are no signs posted in the area and to my knowledge the land owner has never asked us to stay off the property.
I’m considering getting in contact with the local business owner and asking for written permission to park on his property.
What would your advice be in resolving this issue?
Dear Daniel: Your idea of contacting the business owner and requesting permission to park on his lot seems reasonable. Of course that’s if he has the authority to grant permission over the space – does he just rent or lease the store and consequently doesn’t own the property, and other such considerations. You might also want to discuss this with the police before getting a ticket. Check out what exactly is the situation regarding parking on those nights when the car show is going. Good luck.
(This is information only – not legal advice).
Im a student at the University of MD, College Park. The other day my friend and I went to an unfinished building on campus to get a closer view. We were in for 5 minutes and then left. We didn’t touch or take anything. As we were walking down the road, a police car stopped us and gave us each a citation. Neither of us have any prior arrests.
We were told we would receive our court dates in the mail. What would be the best course of action right now and what do you think would likely happen to us?
Dear Zac: If this is your first offense, you may luck out with a warning from the court or school administration, depending on who issued the ticket. Otherwise, it may carry a small fine or some community service. Good luck.
(This is information only – not legal advice).
Hello Judge Tom,
I am 19 yrs old, no record, honor college student. I was at a convention in a new city at night and i forgot to book my hotel for an extra night so i spent the first night wandering around the city. When i got tired i mindlessly walked into a parking garage and sat down.. I was informed i was tresspassing five minutes later by a security officer and the police was called.. I was issued a citation.. Based on the situation is this something you would issue jail time too? a fine? Even though signs were posted is this a seriously incriminating offense?
Dear Spencer: Relax, this is not usually a serious offense that would merit any jail or detention time. When you go to court for the ticket, explain to the judge exactly what happened and you may get a break this time. As a college student with no previous offenses, this should be handled quickly with a possible penalty of a few community service hours or a small fine. You might want to bring with you any verification of your hotel booking to support your explanation. Good luck.
(This is information only – not legal advice).
In may I went with my boyfriend to pick up his son from his ex wife house. Firdt time I had ever went with him we have been together for a year now and engaged. That day she came out of the house told me to leave as i was backing out of her driveway she hit my car with a baseball bat twice. My boyfrien got out and got the bat from her we called the police and vandulism chargers were pressed against her for car. Neither him or myself got out of the car that day in her drive way. three week later her and I got into texting argument. The next week I was arrained for tresspassing charges and harrassment???? I am wondering how all this is going to play out in court..TN. they also only charged her with misdamenor at the time . I have got three estimates on car all say over 1500 dollars of damage to car thought this was a felony?
Dear Susan: AsktheJudge is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a defense lawyer in your area or your public defender if one has been assigned. Good luck.
(This is information only – not legal advice).
Just a quick question to ask if you could please answer. Well my husband he was arrested today for going on company property when he was already givin verbal warning. He has a small criminal record here in texas, like dwi and a theft charge, but he also has a criminal record out of state quite large, will texas only pull up his record from this state? and if so I think they charged him with a class b trespassing he goes to court in 1 week he does not have lawyer do you think that the judge will let him go? I am worried because he was locked up on something petty. please if you can answer that, thanks
Dear Heather: We are an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. When your husband goes to court, he can ask for a public defender to represent him and then discuss his case and obtain legal advice. Good luck.
(This is information only – not legal advice).
So I parked my car on someone’s property without knowing and decided to take a walk down the road. And when I came back the owner was there and she had called the sheriff. I got citation for 250 and trespassing. Is it worth fighting the case and how? Or just pay for the fine?
Dear Thao: AsktheJudge.info does not provide legal advice to adults or teens. We are an educational site for & about teens and the laws that affect them.
If you think you have a good defense to this ticket, speak with a local attorney and discuss your chances of fighting it. Good luck.
(This is information only – not legal advice).
Me and couple of my friends were standing outside of a bar and we got to a argument with some off duty cop and he had his pregnant wife with him. All we had just an argument but nothing physical but he called police and police came and ran my friend and mine background check and after he said we got trespass and we are not allowed to come this place any longer and he said we will be arrested next time if we show up here and cops also said they can charge up with any civil right low . So my question is even thou we didn’t did anything rather then just argument and do we gonna get any trouble or its that a proper transpass becoz he never hand us any document
Dear Kaven: If the property owners told the police that you are no longer welcome there, then you could be cited for trespassing if you return there. Assuming the police told you that you cannot return to the bar, you could try contacting the bar owner to ask about whether or not you have been banned. If you have not been banned by the owner(s), then you could try contacting the police department and ask to speak with a supervisor to find out why the police told you not to return to a place when the owners are fine with it. Good luck.
(This is information only – not legal advice.)
My husband and I were told we could use a friends boat launch while the were out of town. We were told we could park our truck at their house and launch the boat from their dock. A neigbor saw our truck and thought it was suspicious. When he walked over to the house to check out the situation we were out on the lake so we couldn’t see him and he couldn’t see us. He opened the doors to our truck searched it and the glove box. Upon entering the glove box saw my medical marijuana. He left the doors open and glove box open and called the police. They searched my vehicle and were waiting for me when we docked our boat with 5 officers and a k-9. I of course was not in trouble for the marijuana and the police left satisfied after we explained to them the situation, but did the neighbor(who was also an ex-police officer) have any right to go through my vehicle in the first place and is there any legal action I can take against him? I feel it was trespassing or breaking and entering without the intent to steal. He left the glove box and truck doors open so the police would see my medicine and have probable cause to search my truck. Is that also a type of entrapment? I feel violated and would like to know what I can do. Thank you
Dear Jesse: AsktheJudge.info is an educational site for and about teenagers and the laws that affect them. Illegal searches under the Fourth Amendment are only an issue when the police/government search your property without a warrant, etc. Whether or not you may have a civil claim against the neighbor will depend on your state’s laws as well as all of the specific facts and circumstances. You may want to contact an attorney in your area who handles matters out of small claims court. Good luck.
(This is information only – not legal advice.)
i am in north carolina! i have a home on my mothers private property and i do have signs posted. in my situation i have a neighbor that has his work truck, that he no longer uses, parked on my property. my mother has been telling him for years to move his truck, he says he will but never has he moved it. i would like to know what options i have to get this truck moved off my property?? thank you for your time.
Dear Telatha: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them We do not provide legal advice to adults or teens.
We suggest you speak with a local attorney familiar with property laws, specifically trespassing. You can also check with your small claims court for information on how to resolve this problem, or ask the police department for assistance. Good luck.
(This is information only – not legal advice).
Can you get a first degrree tresspassing ticket when asked by one employee to come to the store and told by another once you get there to leave?
Dear Jesse: Although it’s possible to get a ticket if an officer believes that you were trespassing based on one employee’s story that you were trespassing, you probably would have a reasonable explanation to tell the court and judge. If you were not given notice to stay off the property and were invited onto the property by at least one employee, it’s unlikely that you had any knowledge or intention of trespassing. Ultimately, you need to look at your state’s law concerning trespassing (Google your state’s name and “trespassing law”) to help determine whether was any violation. Good luck.
(This is information only – not legal advice.)
me and my friends were at a school playground. My friend accidently thew his little brothers ball on top of the school and his little brother climbed the school to get the ball and a cop caught him up there and and gave us all a trespass warning is he able to do that? especialy me because that was’nt my little brother and i was’nt climbing the school
Dear Edd: Since the officer just gave you a verbal warning, consider yourself lucky. If he decided to cite all of you, you may or may not have had a decent defense in court depending on the facts and your state’s laws. If you were at the school playground after hours, it’s possible that you could have been trespassing.
(This is information only – not legal advice.)
I used to live on campus in PA and I moved off campus and didn’t turn in my key and paid a fine 25$. I kept the key to use the gym but after a month I got caught and they find out I don’t live on campus and they didn’t say nothing to me and called the cops and they took my information and he was extremely rude with me and took my key and told me to check my mail for a citation! he said thats theft and trespassing and I didn’t know that I just assumed I’m a student and can use them. I didn’t mean no harm and I didn’t do any harm or anything always cleaned after I was done. Does this get on my criminal record what do I do. what happens next. I got the citation today and I don’t know what to do next. please help me your honor.
Dear Mike: If this is your first time going to court and your first offense, you may be offered a diversion program. This means that upon successful completion of community service, payment of a fine and/or attending a class, the charges would be dropped and you would not have a record. You will find out more when you go to court including what your options are. Good luck.
(This is information only – not legal advice.)
Im staying at a friends house and the friend I was staying with went to jail. My friend sent me a postcard from the prison telling me to continue living there untill he was released. Yesterday the landlord told me that I have to leave the property and that if I didnt I would be arrested for tresspassing. Do I have any rights here, is this legal?
Dear Jake: If you’re not on the lease, the landlord may be able to evict you from the apartment. You have to read the lease carefully to see what the terms are regarding who lives there especially when the original renter is gone, in this case, in jail. The landlord may be able to call the police and file trespassing charges against you depending on the laws in your state. Good luck.
(This is information only – not legal advice).
so me and my boyfriend we caught in the roof of this building. we got arrested for simple trespassing. but my problem is will they use my juvi record bc the same thing happened to me but it wasnt my fault? im really scared i dont wanna go to jail.
Dear Felicia: Although the prosecutor or judge may become aware of a person’s juvenile record, a prior juvenile offense is not usually considered a “prior offense” and not held against a person in adult court. Therefore, it’s very unlikely that you would go to jail for this incident especially if it’s your first offense in adult court. If this is the case, you may be offered a diversion program and be given the opportunity of avoiding a criminal record for the incident. Good luck.
(This is information only – not legal advice.)
where could one read about florida mandates on no tresspass laws that state that property owners must post notice of warning. I’ve read on ehow under no tresspass that there are florida mandates in regards to this but dont know where to find the mandates. need help. thanks.
Dear John: You may want to check out this document out of the University of Florida which describes who is a trespasser and property owners’ responsibilities. It also has a link to the Florida statutes where you can find the specific trespassing law. Good luck.
(This is information only – not legal advice.)
We have a new neighbor that constantly trespasses , the whole family and all their friends .. constantly telling them not to come on our property..posted oour land ..the neighbor put plants on a pole , ferns, that cover up the signs ..I know there’s a law about moving , destroying , altering hinding public and or private warning signs I just can’t find it .now when their friends trespass the friends say what sign.
what’s the law say on this ?
Dear Mac: Every city, town and state has laws about trespassing and posting signs on public and private property. If you Google where you live and “trespassing laws” you’ll be able to read the laws that apply to your situation. Good luck.
(This is information only – not legal advice).
My friend was climbing on top of this dome building at our school, and the cops saw him, I was sitting on the ground waiting for him to get down as he was just taking pictures from up there. The cop took his information and said that they would contact him later about this, and he took down my information, since i was there, but they didn’t give him a written citation there or anything? do they have to? This was also only our campus police at our college. And what’s the worst that could happen to him?
Dear Carm: Since he was cited on the spot, it’s unlikely he will hear anything more about the matter. The officer most likely took down his information so that if they catch him doing the same thing again, they will probably take action. However, if charges end up being filed, he will receive a notice in the mail to appear in court. If this is his first offense, he could be offered a diversion program. Good luck to your friend.
(This is information only – not legal advice.)
Around 12:30pm 4 of us in a car pulled into our local high school. we driving through and pulled into one of the parking lots, didn’t stop the car but circled the lot, then headed towards the exit as we were about to leave a cop car pulls in front of us, boxing us in. he comes and talks to us and asks what we were doing, i said cutting through, the parking lot cuts across from to kind important roads. he tells me that it we are trespassing and i told him that i was not aware that the actual parking lot was off limits, there were no posted signs saying the hours, we didn’t even stop the car and we were in the lot for less than two whole minutes. He proceeds to write me a “simple trespass” ticket, he took the name of everyone else but only ticketed me.
Since you got a ticket for this, if you disagree you have a right to fight it. Talk it over with your parents and when you go to court, you can decide how to proceed. Keep in mind that trespassing doesn’t always require posted signs everywhere. Some places that are off limits call for common sense such as school property or around railroad tracks. Good luck.
(This is information only – not legal advice).
Me and 6 other decided to go pool hopping late last night and after we were done we saw lights and cops, to make a long story short we all ran from the cops however one was caught and he basically told the cops everything. They took us to the police station and called our parents. The cop told all of us that we would be charged with tresspassing and for curfew. The cops were mostly mad at us because we ran from them. My friends and I are all 16 years old with clean slates. My question is what should i expect in court?? also any tips you could give to make this process go a little smoother. Thanks
Dear Steven: As first-time offenders you’ll likely be eligible for a “diversion program.” Once you complete the terms of the program (community service, a fine, class or counseling) the case will be dismissed and you won’t have a record. Think twice before doing this again – diversion is usually offered once. Good luck.
(This is information only – not legal advice).
There is a public school that closed down a year ago. It is open and there is no construction or any use of it during the past year. Can I go on the property and use the play area to practice sports? Would that be considered trespassing, because there is no sign and it was unlocked.
Dear Nancy: Rather than risk a trespassing ticket, contact the public school district and ask about going on the property. Depending on the laws in your state, a “No Trespass” sign doesn’t always need to be posted to be enforced. Good luck.
(This is information only – not legal advice).
Basically, I’m going to give as many details as I can, because I’m not sure what might be important.
At my college there’s construction for a new building. My friend and I, simply because it was our second to last day of the year, and also because we’d heard about others who had done the same, we decided to walk around inside. There is fencing, yes, and signs, but I read every single one – there was no sign that said “No Trespassing.” Apparently there was one sign that said Do Not Enter but it was hidden off in a bushy area where nobody would see it. Of course we knew weren’t supposed to be there, but we didn’t think much of it for some reason. Trespassing has never held a bad connotation for me, I never realized it was such a big deal. We literally walked around inside, laughed ourselves giddy at being there, like 18 year old boys would do, and left. We didn’t touch anything, break anything, steal anything, we went in, looked around intrigued, and left. Upon leaving a cop yells at us “Get the . . . out of there you . . . .holes! What are you thinking!?” He was being very verbally abusive in a non aggressive situation. And still later that night we walked to the University Police Station to apologize to the officer. We neither of us have anything on our criminal record, nor did we have any intent of doing anything to harm anyone or anything. What do you think will happen to us if we get brought to court?
Dear Nick: First, we must tell you we deleted the profanity in your message. We maintain a clean site for all to read. The remainder is untouched.
You could be charged with trespassing which, in most instances, is a misdemeanor. You may receive notice in the mail about a hearing in court. Then it’s your decision to plead guilty or not guilty. The penalty may include some community service, a fine or a class. Chances are you won’t hear anything further about this if no one took your contact information at the time it happened. Good luck.
(This is information only – not legal advice).
sorry if I’m bugging you. and this isn’t about trespassing. but him and I have the same friend on Facebook and he commented on the same status I commented on. is that breaking the restraining order or no?
That depends on the exact language of the court’s order. Many courts today include electronic communications when issuing protective orders to include blogs, social networking sites, text messages, tweets, etc. You have to look to the specific order signed by the judge.
(This is information only – not legal advice).
I can’t get an order of protection because the only proof that he’s threatened to kill me is from December. I have a harassment restraining order against him. I hot it after he broke in. but he’s taking that to court now too. I just wish I’d have some idea of what’s going to happen.
Since he’s challenging the harassment order, you’ll have a chance at the hearing to explain to the judge why you think it should remain in place. This is your opportunity to plead your case for your own protection.
(This is information only – not legal advice).
question. my ex broke into my home and got charged with trespassing. he didn’t damage or steal anything. will he have to pay restitution? or serve any jail time? I’m afraid of him. he’s threatened to kill me before. but I just want to know what’s going to happen.
Dear Brit: It’s up to the judge to decide his penalty if he either pleads guilty or is found guilty after a trial. His record will be taken into consideration in determining an appropriate consequence. Based on what you’ve said, we suggest you obtain an order of protection or restraining order against him. You don’t need a lawyer to do this and it doesn’t cost anything. Go to any court and ask about the process to obtain one. Good luck.
(This is information only – not legal advice).
Hello:
my boyfriend was at his friend’s apartment and when he when to the parking lot the manager of the building asked him his name and my boyfriend’s answer was: you know me, since the manager already knew him. The manager called the cops and my boyfriend got arrested for like 10 minutes. The manager didn’t want him there because of my boyfrien’s race. They had court yesterday and the judge ask the manager questions he didn’t even know what to say, he even lied but it was clear that he just didn’t want my boyfriend there. This building is open to the public 24/7 my boyfriend was in his friend’s house, and even his friend talked to the manager. What can he do?? Do you believe he was tresspasing?. He plead not guilty, do you think he could fight the case? And how bad is it to have a misdemeanor tresspasing in your records? Thanks
Dear Maria: Whether what your boyfriend did was trespassing or not depends on the definition of “trespass” in the state where this happened. Google the name of the state and “trespassing” for information. Since he pleaded not guilty, he can ask the court to appoint a lawyer to represent him or hire his own lawyer. If he decides to represent himself, he should simply explain what happened and hope the court accepts his version and finds him not guilty. Trespassing is usually a misdemeanor offense unless there were special circumstances regarding this incident. Again, you’d have to look to the specific trespassing law that he’s charged with violating. Good luck.
(This is information only – not legal advice).
my nextdoor niegnber burning brush pile n let
it sprend on my land and burn trees,berries,and acrs
can i sue them
Dear Shirley: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a local lawyer who knows about property rights in your state. You can also check with your small claims court for information about your rights. Good luck.
(This is information only – not legal advice).
I have a question. Someone I know was told by my apt complex and their attorney that he/she has a no trespassing on the property due to a outstanding balance on their part. He/she has not had any papers given or mailed to him/her stating this. if they are in my house or on the complex property and get caught per say, are they considered trespassing even though this person has not seen any type of papers showing this?
Dear Suzy Q: If your friend was told to not come onto the property and that he/she would be considered trespassing if he/she did, then it’s possible for him/her to be arrested if the property managers find out about your friend being on the property and at your apartment. If the police are called, an arrest could happen or possibly your friend may be ticketed. It would be best for your friend to stay away until the balance is paid and the complex removes the ban on his/her being on the property.
(This is information only – not legal advice.)
Friend of mine was caught shoplifting (a pair of socks) in NJ back in 2008 and signed forms that she was not allowed back to the store. This past weekend, thinking after over 3 years, that it would be okay, she made a purchase with her credit card. The cashier asked for ID and my friend gave her driver’s license. The cashier seemed to have looked at a list of sorts and gave a suspicious look to my friend. Then followed through with the transaction anyway. Now my friend is gravely worried that a notice may get sent for trespassing and that it’ll conflict with her being able to get certified later on in the future and affect her employment (as a trespassing offense could be on her criminal record). I tried explaining my doubt that that would occur but I wanted to see here and ask what you think of the matter. Thanks!
Dear Matthew: Unless she has been charged with trespassing and found guilty by a court, trespassing wouldn’t be on her record. She only received a warning not to return or she could be charged with trespassing. This is common in shoplifting cases. Before returning to the store, she can check with the store’s loss prevention office to see if the trespass is still in place. Most likely it’s not. Good luck.
(This is information only – not legal advice).
My neighbor son got into an alltercationI with one of my causins, both are teenager.But in the past I was told that if I had a problem with her kids that I could come talk to her..the same as with my kids. Well when I went to talk to her, the son that I am speaking about answere the door as well as his sister and her fiance all I did was ask him a quetion and he went off verbally abusing me,but I then started talkn with the daughter she was telling me to excuse him he has anger issues and I was asking her if I could talk to her outside by this time the teenager whom iim speaking grabed her and told me to get off his property he verbally abussed me startded puttin his hand all in my face call me all kinds of nasty words.He told me I was trespasing but his Mom told me if I have a problem I could come to her.Well he did not want me to talk to his mom.After that everything got bad my childreen were outside my friend had to come get me the teenagr had went crazy I admit I said some things back, I even called a dispatcher line to see if they could send someone so that I ould talk to her while I was on the phone things got totally out of hand was I wrong for trying to talk to the mother being that I told her if she had a problem with my kids I could talk to her and if I had a prob lvem I could talk to her.would that be trespassing I went over to discuss a prolem with her
Dear Toshao: You have to look to the specific trespassing laws in your state to see how it’s defined. What happened may have started out with permission for you to be at your neighbor’s home, but it could have turned into a trespass depending on who told you to leave and what authority they had over the property. If you get a ticket or are charged with trespassing or disturbing the peace, you’ll have a chance at court to explain what happened. Good luck.
(This is information only – not legal advice).
i am a promoter here in las vegas i was 86 from one of the casinos cause i was promoting bussiness inside the casino they took my id and my licenses plates number and told me i count come to the casino ..Now how can i fix that and pull it..? i need come to that casino cause my clients go to clubs the they are in that property ??thank you u honor !!
Dear Jose: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them We don’t provide legal advice to adults or teens.
We suggest you speak with either the management of the casino or a local lawyer. Good luck.
(This is information only – not legal advice).
I work in a government building and went back at 1 am to grab some paperwork I forgot as I am busy preparing for a soon to come move. A cop car was waiting near my car and did nothing as I pulled out but stare. Can I be charged for trespassing? I do have a key to this building and do work there but the timing was conspicuous and the cop was clearly watching me leave.
Dear Jen: Trespassing is generally defined as being somewhere when you’re not authorized or have been told not to be. Since you had a key and are an employee of the business, it’s unlikely you’d be charged with trespassing at work. Good luck.
(This is information only – not legal advice).
how could i get in trouble for being at a friends house that lifed next to a teacher that goes to my school when i never went to that teachers door just went around with friends and i got caught for being on her street what can i do to fix this so i dont get a trespass put on me
Dear Alex: First, discuss this with your parents. They may have an idea about resolving this before you end up in court. If you get a trespassing ticket, you’ll have a chance to explain exactly what happened. Good luck.
(This is information only – not legal advice).
Was camping in PA last year and friends and I were hiking in a part of the woods that was private property. A guard came out of nowhere and told us we were trespassing and he was calling the police. We said we would leave and he said no, so we stood there and the police came. The cop took our info and we received tickets in the mail. At the time the cop said it was no worse than a speeding ticket. We all paid the tickets and forgot about it. Im just wondering do I have a criminal record now?
Dear Herb: There are different degrees of trespassing depending on the location, time of day, etc. We suggest you Google “Pennsylvania trespassing” for information. The ticket you received may be handled and considered similar to a traffic citation in which case you wouldn’t have a criminal record. Good luck.
(This is information only – not legal advice).
So i was at my local skatepark just sitting down inside and the cops rolled by. it was like 15 minutes after “closing time” and the cops rolled by. So me and my friends were told to sit down and they wrote our info down but no tickets. I was told to tell my parents and i did. Can anything else happen?
Dear Danny: You could receive a ticket in the mail for breaking curfew or trespassing at the skatepark after hours. It depends on the laws where you live and the policy of the police department. Since the police didn’t ticket you at the time, however, you probably won’t hear anything further about this. But they have your information so be careful to follow the posted times. Good luck.
(This is information only – not legal advice).
I was asked to leave a mall in Indiana when I showed a security femal Garuda a
Naked picture of me after this the cops pulled me into there office and asked if this where true I stated yes then I received a notice information and summons to sing and afterwords was told that if I come back I would be arrested for trusts pasting now I work in this mall at a stand so do I still have the right to rerun to work and the cop didn’t put his name or badge number and all 6 officer verbal thwarting me and I no showing a naked picture isn’t illagle
Dear Grant: We suggest you check with mall security to see if you can return to the mall for your job. There may be a conflict between what they tell you and your employer who wants you on the job. You might be able to get a restricted pass to be there just for work. Good luck.
(This is information only – not legal advice).
hello my name is Joseph and i work for a mortgage inspection company and they have just in forced a new rule for us to go on to properties that have no trespassing signs posted if the house has been previously marked as vacant. now i have been complying with this newly in forced rule but i just recently have been sent to a house that i have been inspecting for over a year and it has always been vacant but just two months ago new no trespassing signs have been posted and my job still wants me to go on the property to do the inspection since another idiot inspector completed the inspection on the property and totally ignored the new no trespassing signs and confirmed that the property is still vacant they are forcing me to go on the property. so my questions are am i braking the law by going on to a property that has a no trespassing sign even if its vacant and if the house is vacant but the owner shows up just to check on the property and i am on it can i be prosecuted and if so can i sue my job for making me brake the law PS i live i Georgia
Dear Joseph: AsktheJudge is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a real estate lawyer in your area about this. Or contact the property owner and request permission to complete your inspection. Good luck.
(This is information only – not legal advice).
I got a criminal trespassing charge not too long ago. I turn 16 this Novemember and I was wondering if they are not going to allow me to get my license until I`m 18. Does anyone know if I`ll get some other punishment or if they will hold my license until age 18???
Dear Lexi: Under the laws in your state, you could lose your right to a license depending on the facts of the incident, the position of the prosecutor and the policies of the judge assigned to your case. On the other hand, if this is your first offense, you may be eligible for a diversion program. When you complete diversion, the case will be dismissed and you won’t have a record. Google the name of your state and “trespassing laws” for information. Good luck.
(This is information only – not legal advice).
My brother was visiting me at my apartment. When he pulled up to my apartment his music was loud but he immediately exited the car and turned off all music completely. Before he could enter the apartment building he was approached by an off duty police officer who lives across the lot from me. She was clearly having a bad day. She asked him why he had been playing his music so loud and he explained to her it was just a nice day and he had been enjoying the weather and music. She then told him to put his hands on his car and began patting him down. I saw this taking place from my window and went out to see what was going on. She informed me to mind my business and I was told to go in the house. I did refuse and when I did the officer pulled her weapon on the two of us and began cursing and telling us she would shoot. We were both absolutely confused as to why the weapon was drawn. My brother then used his phone and dialed 911. This made her more angry and she then placed us in cuffs still with her weapon on us. After the police on duty arrived and handled the matter we were released but the officer warned myself and my brother that if he had been seen on the property he would be arrested for trespassing. I asked my apartment manager if he had been placed on the list for trespassers and she said no. Is it ok for him to come over since the property manager okayed it.
Dear Nichols: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. So, we can’t tell you or your brother what to do or how to interpret what the officer told him as opposed to what the apartment manager says. You might want to contact the officer’s supervisor and ask about this so he doesn’t put himself in a position where he’s charged with trespassing. Good luck.
(This is information only – not legal advice).
Trespassing by unconvicted criminal on victim’s property
A 9 year old committed a crime against a child in my family five months ago. The offender lives diagonal to us, across the street. We reported it and CPS took over the case. We have been left in the dark about the case. We have done everything by the book including no contact with the family who after the police showed up at their home the parents came over and yelled, threatened, and told us they should have denyed it and not have admitted to the crime. The current problem is this boy continues to ride home after school on our sidewalk and driveway- even though he lives across the street! I don’t want our child to have to see this boy daily, on our property! I told him two different days when our child was not present to stay off our driveway and sidewalk. The last two days a parent has stood in their driveway watching me while one of their friend stands on the sidewalk right where my property starts. Today I pulled over and asked their friend, a mother from down my street if she was standing there to remind the boy to cross the street. She replied no she was making sure I did not tell him to stay off my sidewalk and driveway. She confirmed she knew what he did to my son and that was too bad and I have no right to keep this kid off my driveway! I called the Sherrifs Dept. and they tried to call the offending family but no answer. All they could tell me was that I have to go over there and ask for them to keep him away. If they refuse I have to file a restraining order. I asked if they would send a deputy out to talk to them, because I am scared and really uncomfortable talking to them. They said it should come from me! My question is do I have a right to keep this kid who abused my son off my sidewalk and driveway when he does not need to ever be on our side of the street? I was told the sidewalk was city property but what about the driveway? I can’t believe the kid or theparents have the nerve to be up in our yard daily after what he did! CPS has not called me back after 1 or 2 calls a month. I feel the system is just victimizing us all over again because we have no rights in any of this!
Dear Jenni: In most places across the country, sidewalks are not privately owned. The city or town has jurisdiction over them. That may be the case where you live, as you were told by the police. Your driveway, however, may be your private property. Check with your city offices about this. If this continues and the boy’s parents refuse to do anything about keeping him off your property, a restraining order may be your only remedy. Speak with a lawyer about this to see if such is possible in this situation. Otherwise, ignoring this may result in a change in his behavior – once he and his parents see that it has no effect on you. Good luck.
(This is information only – not legal advice).
MY WIFE TRIED TO SHOW A PERSON THE ONE WAY SIGH ON THE STREET THAT WAS GOING UP AND WE WERE AT LEAST 75 YARDS AWAY TRAVELING AWAY FROM HER SHE TURNED AROUND AND STARTED AN ARGUEMENT WITH MY WIFE AND ME,, JUST TO FIND OUT SHE SCHOOL SECURITY SO AFTER 30 MINUTES OF DETAINMENT WITH OTHER SECURITY AND POLICE AND PRINCIPAL SHE SAID SHE WOULD NOT CHARGE ME WITH TRESPASSING BECAUSE MY SON GOES THERE THERE SO THE NEXT DAY WHEN I PULLED IN TO WAIT FOR MY SON 3 BLACK SCHOOL POLICE AND SECURITY CAME UP TO MY TRUCK AND SAID THAT THEY HAVE DECIDED TO CHARGE ME WITH TRESPASSING THEY SAID EVEN TOUGH THEY DIDN’T WANT TO PURSUE THE OTHER DAY THEY CHANGED THEIR MINDS I AM DISABLED AND SO IS MY SON I BELIEVE THIS IS RACIALLY MODIVATED CAN THEY DO THIS I FEEL I HAVE BEEN CONVICTED AND HUNG
MY CHILD IS SCARED AND UPSET THAT THESE PEOPLE WOULD TREAT US LIKE THAT I AM ON OXYGEN SO I AM NO THREAT TO ANYBODY
Dear Timothy: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice or interpretation of the laws to adults or teens.
If you are charged with trespassing in this incident, explain what happened to your lawyer. He/she will know how to present your defense and protect your rights. Good luck.
(This is information only – not legal advice).
My sister and her boyfriend both in their 20’s live out in the country next to a house that no one has lived in for years however there is someone who owns the property, they just live in another state. This house and the contents of the house haven’t been touched, thick layers of dust and out of date appliances prove this. There is no fence, no signs or warnings. Another neighbor called the cops when they saw the front door open. The cops followed the foot steps in the desert and arrested my sister and her boyfriend. She’s never been in trouble, he; I believe has a few minor hiccups on his record. Now they took a washer and drier that is not up to date and needs repair, a cheap toaster and an old small TV that needs repair as well, off the property. They are both booked at the Luna County Detention Center, I’m not completely sure the full charges and wouldn’t want to list them wrong but I do understand that the cops are trying to treat the case as if they broke into a lived in home and stole high priced up to date items after ripping down a fence and busting several locks off the door, which is far from true. They walked through the open desert with no fence or warning signs in sight, through an unlocked door to a house that no one has stepped foot into for about ten years.
My main questions are;
1) How long can property be untouched before declared abandoned, if declared abandoned can local police press charges on someone who enters and/or becomes in possession of said property?
2) If charges can be filed, what is the maximum charge(s)?
3) Will charges increase in severity with property value? What value declares what charges and how is the value determined?
4) How can one prove the police pressured and scared a person into waiving their rights to an attorney and signing a confession stating they broke in to a property and stole from said property resulting in harsher charges?
Finally, if one is willing to comply with terms resulting in an electronic tracking device or other means of good faith without posting a $25,000 bail that has been set for release before a court date, how would one go about that?
Dear Elizabeth: AsktheJudge.info is an educational site for and about teenagers and the laws that affect them. We suggest that you and/or your sister talk to her attorney about the case and your concerns. If she cannot afford an attorney, most likely a public defender will be appointed to represent her since it sounds like she is facing felony charges. A local attorney will be able to discuss the laws in your sister’s state, how they apply in her case and what defenses may be available to her. Good luck.
(This is information only – not legal advice.)
I was at the local skatepark, which has been closed for no real reason for months, ALOT of people skate there all the time. There aren’t any no tresspassing signs but it is fenced in, but theres a huge hole in the back that everyone uses to get in, I received a tresspassing ticket to the tune of $425. Would what I did really considered tresspassing?
Dear Logan: You have to look to the trespassing laws in your state and the exact wording. Since the park was fenced, that may be enough under the law to warn the public off unless it’s obviously open for business. If you go to court for the ticket, explain the situation – maybe even take a few pictures and show the judge. You might get lucky this time and have it dismissed. Good luck.
(This is information only – not legal advice).
excuse my bad English. I’ve been taking this path behind these apartments on my way to work at night for the past 3 months, on my way to work today 2 park police stop me and tell me that I should not be there. I ask one them what’s wrong? they told me that the park is closed after dark, and that I should not be here. I told them that I had no idea that the path I took was a “park” at this point I was getting a little defensive about not getting in trouble because there is no sign any where that says that. they detain me, ask me a lot of questions search me and my backpack with out ANY probable cause and accuse me of having a stolen laptop.(which is is my laptop) they gave me a trespassing citation what should I do
Dear Marcos: When you go to court for the trespassing ticket the legal process will be explained to you. If you plead not guilty, the court may appoint a public defender to represent you if you qualify. If this is your first offense, you may be eligible for a “diversion program.” Once you complete diversion (community service, a class or counseling) the case will be dismissed and you won’t get a record. Good luck.
(This is information only – not legal advice).
Ok soo I was walking back to my apartment today but to get back you have only two ways to walk… 1)beside the road or 2)behind the state police station. Obviously EVERYONE from all around walks the route behind the state police. The Police have only one sign pointing in one direction saying “No one besides State Troopers beyond this point” however, people have been taking this route for years all the while troopers acknowledging people with friendly hellos and what not. All of a sudden today I was stopped and written a warning citation for trespassing and was told to spread the word they are going to start giving $200+ tickets for anyone caught walking here. His reason was “we keep crime scene evidence outside sometimes”. So my questions are…1) Me being an American citizen that pays taxes, which in turn pays the state, which also in turn pays the police am I allowed to be kicked from that property since it’s owned by the state? 2) since the only other route is by the road if I walk and get hit is said officer held responsible since he told me to walk a different route? 3) I don’t feel comfortable knowing the police keep evidence for crime scenes outside in the open with no gate, fence or lock guarding it….who should I complain to?
Dear Joe: The police can keep you off their property and once you’re told, if you return, they can ticket you for trespassing. In addition, depending on the laws in your state, they can also get you for failing to obey an officer. It doesn’t make a difference if the police station is on public or private property. Whether they would be responsible for any injuries to you while walking along the street depends on the circumstances of the incident. As far as looking into their practice of storing crime-scene evidence, you can take that up with the supervisor of the department. Good luck.
(This is information only – not legal advice).
Couple days ago I came back to school from a release period. I went to the main office and i signed myself in. Went to my locker and then the bathroom and then a security guard asks me where i am coming from. I was being honest, she was gonna charge me with a trespassing ticket? How is it trespassing if I go to that school and I have a school ID and signed into the main office? I was thinking if she charges me im taking this bs to court.
Dear Kelsey: What you describe doesn’t sound like “trespassing.” If you get a ticket, discuss it with your parents and do what you think best. Take a look at your Student Handbook to see if trespassing is defined. It may be possible that you did something out of order that constitutes trespassing under the rules of the school. Good luck.
(This is information only – not legal advice).
Ok. My 20 year old sister & I (i’m 15) were caught trespassing an old, abandoned cemetery. All we did was walk around the area. The cop took my sister’s drivers license & wrote her information on a notepad. Then, since I didn’t have any ID on me, he asked for my name & adress. Then he said, “okay. You’re getting a warning. You’re not missing anything interesting anyways”. Is there a chance it will show up on my record? PS … I had a misdemeanor of posseion of narcotics on my record, but the court said it would be expunged at 18 if i didn’t get in trouble. I’m scared if this incident will come up or cause the misdemeanor to remain on my record. Please help. Thank you.
Dear Ron: Since you didn’t get a ticket or notice to go to court, this won’t appear on your record. You got lucky this time. The only record may be with the police department in the event they stop you again in the near future for something else. Good luck.
(This is information only – not legal advice).
I was givin a trespass warning by an officer at a local mall. I was told I could only be on the property if it was “Job Related”. So, I got two jobs in the mall at the same time. After a couple of weeks working there an officer approached me at my job(while I was making a sail) and told me I was under arrest for trespass violation. I did not fight with or give him a rough time, though I do want to know if that’s how it should have happened? Thanks in advance for the advice.
Dear Jim: Admittedly, the officer could have been more discreet in his actions. But how he conducted himself may have been lawful. When you go to court for this, explain to your lawyer and the judge what your understanding was about getting a job and being allowed back into the mall for work only. If you have any documentation of this, bring it with you. Good luck.
(This is information only – not legal advice).
hello, i have a very big problem. I live in ny state my car was parked out back of my friends naighbors garage and someone had set fire to my car and some damage was done to the garage that night while the officers and fire department where putting my car and garage out the lady whos garage was on fire had shown up and said that who gave me the right to park her the officer asked if she wanted to file charges for tresspassing and for the damage she replied yes but wanted to know who told me i could park there and she asked me if i knew her brother i said i met him a few times and i didnt know him but she didnt file charges and the officers took down what happened and said they would be in contact with me i went a month already with no contact with anyone and then she said my insurance company gave up all my info to her and said to press charges cause they arent paying for her damgae to her garage i just want to know what is the worst that can happen
Dear Reader: If the insurance company is involved, they may contact you to pay them back for the damage to the neighbor’s garage. The neighbor could also decide to press charges, although you were told they wouldn’t. They could change their mind and contact the police again. If you receive notice of charges or are served with papers about a lawsuit, speak with a lawyer who can advise you about your rights under the laws in your state and possible defenses. Good luck.
(This is information only – not legal advice).
Me and my husband just moved to PA from NC and he is the mudding/rock wheeling type of guy, in NC there are patches of land that aren’t private property and the ones that are are gated with a sign on the gate. Right across the street from our apt is a patch of land with a road going down it, he had seen a bunch of other vehicles down there so he decided to go play as well, there is no sign by the dirt road saying no trespassing, and we weren’t aware until I was approached today by the employee of the gas company that owns that land apparently. My husband was at school and my apartment manager told me why the guy was here, so I went out to talk to him, I’m 5months pregnant and very emotional so of course I was crying, and the guy at first thought I was just trying to get out of what he was about to say. He told me he had pictures of my husband jeep and that we had the company wanting to sue us, I informed him I would repair whatever was torn up myself and that my husband would never go over there again. He said that he hadn’t shown the pictures to his boss yet and that this was his only warning next time the police would be out here, does that mean he’s not getting charged or what? I’m stressed out, this is our first child, and me being like this isn’t healthy for the baby.
Dear Ashley: It’s up to the property owner to press charges or not. If they decide to report this to the police, your husband will be notified of a court hearing. Once at court, the legal process will be explained to him or he can speak with a defense lawyer before going to court – that’s his decision. From what you have stated, the gas company may not proceed with charges and is considering this incident a warning. Good luck.
(This is information only – not legal advice).
My family was served a search warrant based on information they said was gathered while standing on our neighbor’s property. Do they need the neighbor’s permission to do so or was that trespassing?
Dear CaliGirl: That depends on your state’s definition of “trespassing” and the position of your neighbor. You can Google the name of your state and “trespassing” for information. Generally, when the police are investigating criminal activity, they don’t need consent from a property owner in every situation to be on their property. If that were the case, the work of law enforcement would be seriously hampered.
(This is information only – not legal advice).
Can you explain what modes of travel are considered to be trespassing. I can’t find a book that bodily states what forms of travel are considered trespassing, and if you know any law books that state it could you let me know
Dear Lawrence: You have to look to the specific definition of “trespassing” in your state or country. Every state has its own criminal code where trespassing and other crimes are defined. So Google your location and “trespassing” for information. Good luck.
(This is information only – not legal advice).
What would be the case if about 50 minors went into a house that’s in the process of being built and hung out there. I don’t think anyone owns the property yet (maybe the town?) but it isn’t finished yet and nothings in it. It’s such a big group that I feel they couldn’t do much. The house is in New Jersey. And also would even more happen if there was drinking involved?
Dear Caroline: First, someone owns the property: either a developer, private homeowner or the city. Those that went into the house could be charged with trespassing and possession of alcohol for all those under 21. If any damage was done, vandalism charges may also be filed. Good luck.
(This is information only – not legal advice).
I am sharing a drive way with my neighbours. The problem is that they are running a nursery without any planning application ( they submitted their second one after their case has been dismissed) anyway their customers are using my neighbours’parking space to drop off their children and pick them up. They used to park in the middle of the driveway, blocking our cars. I am very annoyed and I am not feeling safe in front of my house especialy for my children and for the children who attend the nursery. When we went away one of their staff parked without any permission on our parking space ( we have got pictures and from neighbours ) What can I do? do they need to have an special insurance for the front house? And by the way their are renting the house. Thank you so much for your reply
Dear Lysamk: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with an attorney who is familiar with property law about these issues. Good luck.
(This is information only – not legal advice).
I was at an old elementary school of mine and i went behind to see what the playground looked liked. I was a window had a sticker that said “all activity is monitored…” and i just walked on the property for a few seconds and immediately left. will anything happen?
Dear Anon: It’s unlikely that anything will happen since you left without committing any crimes. If you were filmed damaging school property or anything else, the tapes would be turned over to the police for investigation. Good luck.
(This is information only – not legal advice).
This correspondenced is concerning how Adeveres Possessors can be arrested for criminal tresspass. When the very nature of Adverse Possession may appear to be criminal; However, according to the O.C.G.A. 44-5-161. Number 1,2,3 and 4. And the Parameters Actual possession states …. If the proterty is residential, such action may include mowing the yard, trimming trees, and hedges, changing locks, repairing or replacing fixtures (such as a swimming pool,sprinker ststem, or appliances), or other actions so as to maintain the property for its intendeduse, to the exclusion of its true owner.
I don”t understand when people do a Adverse Possession the police will arrest that party for tresspass. Adverse Possession is the Law all over the US and other counies. Houses are not to be left idle. It’s the Law. The utilitie companies are denying services to Adverse Possessor and are demanding proof of ownership via a title, deed, or bill of sales; sounds like an oxymoron to me, that is completly antithetical of do to the fact that Adverse Possesion requiurs no purchase.
One abide by the law and go to jail. I’m not talking about Squatters rights this Law is all through and in the O.C.G.A. it have been the law since the 1800. I know a person in jail now; the police came to the home a few times and told her that the paper that she had was only good for wipping her behind with. The home is recoded in her name. She went through all the steps that Adverse Possession list and the police still arrested her. They came to her home on Monday, Wensday the police pulled her friend over said that the tent on his truck was to dark on his vehical and said that they had a warrant for her an arrested her they said for crimal tresspass. when the parent pull the jail record up there wasn’t any record.
Is Adveres Possession Law for a slected few?
Can you help with this matter.
Respectfully
Dear Russ: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest your friend speak with a lawyer who’s familiar with property law in her state. Good luck.
(This is information only – not legal advice).
My son borrowed a bike from a kid, but didn’t know that the bike did not belong to that kid. So he rode it around the teen park in our town and then left it from where he took it, leaning against a planter. The bike was apparently stolen. I wholeheartedly believe my son did not steal the bike. However when the police investigated, they found another teen at the park who said they saw my son on the bike. They are trying to charge my son with stealing the bike. We have no witness to back up our story, however the police searched our home and spoke to our son and came up with nothing. Does this case have any substance?
Dear Lori: If your son is charged with theft of the bike, he may be appointed a lawyer (public defender) to represent him. He will need to explain everything to his lawyer who will know how to best defend him against the charges. You could also hire a lawyer for him – that’s your decision. Not knowing all of the facts of the case, we can’t comment on its strengths or weaknesses. Good luck.
(This is information only – not legal advice).
the other night my boyfriend and his friends came over, and they were smoking in my apartment complex’s parking garage. they brought their beers outside and when i came out (with no beer) a cop came around the corner and asked for our IDS. iam 21 and my boyfriend is as well, but my friends are not. the officer asked for my information because it was my apartment and my boyfriends, even though he does not live there. they never asked for my underage friends information, what went on here? i was not given a citation and he told everyone to leave. what will happen? will i get kicked out of my apartment?
Dear Hazelin: It sounds like you may have gotten lucky this time with a warning and your friends being asked to leave. If the officer was going to cite you for something like contributing to the delinquency of a minor (providing the alcohol to your underage friends), you most likely would have received a ticket/citation at the time of the incident. The officer may have taken down your information so that if there is another contact with you and your friends in the near future, it is more likely that you will be cited for the second incident. Since you probably are not going to court over this, it’s unlikely that you will be kicked out of your apartment. But you may want to review the terms and conditions of your lease so you can avoid any risks in the future. Good luck.
(This is information only – not legal advice.)
JUDGE,IF A CODE ENFORCEMENT OFFICER ENTERS A PERSON’S PROPERTY AND THERE IS A SIGN POSTED NO TRESPASSING IS IT LEGAL FOR THAT OFFICER TO BE ON THAT PROPERTY, THANKS NICK
Dear Nick: Posting a sign alone may not be sufficient to keep someone with authority to enter from doing so. Otherwise, for example, you could hang a “No Trespassing” sign on your home and keep the police from entering when they have a search warrant or need to enter to protect someone’s life. So, the same applies to a code enforcement official under certain circumstances. Good luck.
(This is information only – mot legal advice).
I was with some friends who got on the roof of an elementary school but I had earlier but they were caught up there the school security told us to leave but never took our names we were just told to leave. Is that the end of this? The officer also works at my school.
Dear Bob: Yes, it sounds like you got lucky this time with a verbal warning and being told to leave. If charges were going to be pressed, the security officer would have obtained your contact information. Be sure to stay off the roof because next time you’re much more likely to be charged. Good luck.
(This is information only – not legal advice.)
ME AND A FRIEND WERE AT A PARK TALKING IN MY CAR AND WE FORGOT THAT IT WAS AFTER HOURS FOR CITY PARKS TO BE CLOSED SO WE LEFT AND AS WE WERE LEAVING A COP CAME DOWN THE ROAD HE GAVE US PAPERS FOR COURT MY QUESTION IS I HAVE ON OTHER OFFENSE LAST YEAR FOR THIS SAME THING BUT OTHER THAN THAT I HAVENT BEEN IN ANY TROUBLE WITH THE LAW AT ALL….SO WILL THE JUDGE GIVE ME A WARNING OR FINE AND WILL ME HAVING A CLEAN RECORD HELP MY SITUATION?
Dear Anna: Yes, having a clean record could help your situation and make a diversion program more likely. If diversion is an option in your case, you may have to complete some community service hours, pay a fine and possibly attend a class or counseling. Good luck.
(This is information only – not legal advice.)
I am a home owner of 32 years. I have a driveway that cuts between two streets, and I also have “Private Driveway” signs clearly out there. There is a teenager down the road that consistently walks through my driveway. I have found cigarette butts in my rocks, and none of my family members smoke- I’ve also seen him smoking. I know where the kid lives, and have told him repeatedly to not walk through my driveway at his leisure. I have multiple cars in my driveway, and am afraid of the kid possibly doing damage to my vehicles(classic cars). I have not called the police yet, but would this be enough evidence to consider calling the police?
Dear Anon: The police may not respond to this low priority call. Your tax dollars are better spent on other pressing matters. We suggest you speak directly with his parents and explain that you’d prefer he pass your home on the sidewalk or street that’s public property and avoid your property line. Good luck.
(This is information only – not legal advice).
me and my friends went mudding in my friends new truck at an abandoned brickyard. we got stuck and my friend was revving the gas pretty hard to get unstuck so i guess the house nearby heard…and called the cops. he wrote us all a ticket. its my first time ever getting trespassing. the officer said for the maximum we could get 250 $ fine and 30 days in jail but he said its our first time so he doubts that. also, i live in ohio so i dont know how harsh they are with this. could someone help me out. im pretty worried because i dont want to go to jail!!
Dear Adam: It’s unlikely that you’d go to jail over this. As a first-time offender, you may be eligible for a “diversion program.” Once you complete diversion, the charge will be dismissed and you won’t have a record. Good luck.
(This is information only – not legal advice).
me and my girlfriend were between house just left our apt and our duplex wasnt gonna be ready for two weeks her mom offered us to stay with her for the two weeks then kicked her daughter out so i went with her she got mad at this cause i chose to go with her and wouldnt let us come get any of our stuff two days later she said she could come get her phone that was left there but i couldnt get any of my stuff we went by got her phone and dropped of two heaters her mom asked us to bring over 4 days later she called the cops and said that wed she broke into her home without permission and took her phone they couldnt get her on all the other charges her mom tried to have her arrested on but they did charge her with a second degree trespassing there is no proof she said we could come over to get the phone because i accidently deleted it not knowing this was gonna happen if both of our belongings were at her house still can she be charged with this? the next day we had officers come by to get all our stuff out her house but still have to go to court in 2 months for this charge she made on her daughter.
Dear Mike: When your girlfriend goes to court for the trespassing charge, she will have a chance to explain everything that happened. Without evidence to support her position, it’s her word against her mother’s. It will be up to the court to decide who to believe and whether she is guilty or not of the trespass. Good luck.
(This is information only – not legal advice).
Yesterday I was in the front of my friends neighborhood, he lives in the country and all the houses are very spread apart. Next to a small creek in the front I was driving around in my truck just trying to see what all was there and where it would take you. However I hit some very deep mud and my truck got stuck. After a few hours the game warden of Texas ended up coming and they wrote me a ticket for trespassing on agricultural land and criminal mischeif. However, the only sign posted was a orange sign saying “WARNING there is a gas line near.” I took pictures so I could show the judge. I’m only 16 and I’ve never received a ticket before. I never mean’t to cause any harm and I certainly wouldn’t of even drove my truck by the creek if I saw a sign posted saying ” no trespassing”. There also were no fences, or anything else indicating I was on someone’s property. Please tell me what you think will come of this. Thank you.
Dear Anon: When you go to court for this, explain what happened as you did here. You may get a break and the judge could dismiss the charges. Or you may be eligible for a “diversion program” if this is your first offense. Once you finish diversion the case will be dismissed and you won’t have a record. Good luck.
(This is information only – not legal advice).
Hello,
I was out oneday target shooting in the woods with a buddy of mine. He said he had been shooting there for 10 yrs with no problems. We were in the middle of shooting and we heard “DROP YOUR WEAPONS THIS IS THE POLICE”. We cooperated and all was fine but we were still cited for trespassing. I am trying to become a police officer. Will this hinder my chances?
Dear Adrian: If this is your first offense whether an adult or juvenile, you may be eligible for “diversion.” Once you finish the diversion program, the charge is dismissed and you won’t have a record. So, your chances of becoming a police officer shouldn’t be affected by this incident. Good luck.
(This is information only – not legal advice).
My 16 year old daughter was at a party at a dental office that the 17 year old son of the dentist invited her to (while the dentist was out of town). The police showed up and they all got tickets for trespassing, however the police officer told her she could probably get it dismissed since she was invited there by the son of the property owner. We live in Montana. If she pleads not guilty will the ticket likely be dismissed? Thank you.
Dear Lisa: There is a chance, under the circumstances, that it will be dismissed. Once the facts are out and the court realizes that she was invited and didn’t trespass, there’s no basis for the ticket. Good luck.
(This is information only – not legal advice).
i was at buffalao wild wings with friends and a waiter walks by and says something to us while there were alot of other people standing around
im arab and when she said something i said something back and then her manager tried to kick me out i said no she said she would call the police i said go ahead and waited till the police came all of this while there were other people standing around now there charging me with tresspassing
Dear Anas: If you have to go to court for the trespassing charge, you may be appointed a public defender. Or you can speak with a lawyer before the hearing – that’s your decision. Explain everything that happened so he/she will be able to present your strongest defense to the charge. The general law regarding trespassing says that when someone in authority tells you to leave the property and you don’t, or you leave and then return, you may have committed a trespass. Every state has their own trespassing laws so you’ll have to look at yours to see if what happened fits into the definition. Good luck.
(This is information only – not legal advice).
Some friends and I were out hiking before midnight last night and when we went back down to our car, some sketchy guy was standing there and said “just so you know, the cops were here and they took your license plate # and description of your car. It’s illegal to park here and to hike back there.” We didn’t really know any of this, but the officer never saw us, just our car. So is there any way he can do anything with just our license plate and not our identities?
Dear Sarah: The officer may run the license plate number and attempt to contact the registered owner. If you hear from the police, it’s likely you’ll receive a warning about curfew and parking in restricted areas. Without seeing you in the area, it’s unlikely you’ll be ticketed. Good luck.
(This is information only – not legal advice).
I was waiting for some friends at the safeway. I was standing by their car and an officer talks to me in his car. He told me to vacate the property but I did not receive a citation from him. Will I be charged with tresspassing?
Dear Jay: Since you did not receive a citation and if the officer did not obtain your contact information and tell you that you would receive a citation in the mail, then you will not be charged with anything. He may have believed that you were loitering and was giving you a verbal warning to leave.
(This is information only – not legal advice.)
So I recently got ticketed for riding my longboard on campus. It is essentially the same thing as a bicycle in that no harm is done to the property and it’s just a means of transportation. There are no sighns that state no skateboarding, bicycling, or rollerblading. So if I talk to the campus property owners, and believe me I intend to, and they say that it is ok to ride on my longboard. Do I have the right to take the officer to court?
Dear Dante: Check the rules of the school found in the Student Handbook or on the school’s website. If you deny the charges, the next step may be a trial where you’ll have a chance to confront the officer. Good luck.
(This is information only – not legal advice).
Dear Sir, my 16 yr old daughter was hanging out at the high school after hours, its trespassing. I was not notified of this, do the Police have to let me know if my 16yr old was found trespassing? I was notified by the school juvenile counselor 3wks later, as she notifed me that my daugher would have to participate in a Diversion Program at school, or would be charged with criminal trespassing.
Dear Susan: Every state and school district within a state has rules and laws about students and trespassing, truancy, curfew, etc. In most situations, it’s the practice of a police department to notify parents when their kids get into trouble. What happened here, we don’t know. But, in the long run, it’s better for your daughter to complete a “diversion” program than have to go to court on a criminal charge of trespassing. Good luck.
(This is information only – not legal advice).
In conjunction with my prior question is your answer still the same when applied to the state of Texas?
Dear Need Help: Yes, if you Google “Texas trespassing laws” you’ll see information about different aspects of trespass and the penalties for violating the law. Good luck.
(This is information only – not legal advice).
What are the proper steps to go through for someone to be served with criminal traspassing charges? Does someone actually have to be told to leave the property before the charges can be filed or can someone just file those specific charges for no aparent reason?
Dear need help: Ultimately, it will depend on the laws of your state. However, a person cannot file trespassing charges on somenone else. They can call the police and make a complaint about a person trespassing and then it’s up to the police to investigate the matter. If there’s enough evidence to charge a person with trespassing, then charges will be filed.
(This is information only – not legal advice.)
I was stopped by a police officer after I crossed the train tracks to get to the other side of the station in order to catch a shuttle. I have a court date today and I am attending. However, the citation that I was issued does not have a fine, a police name, signature, or a badge code. Does this mean that I will get off with a warning?
Dear Anon: You may get off with a warning but there’s no guarantee. Depending on the laws and practices where you live, the citation may be valid as long as the missing information is available in the event you plead not guilty and a trial is set. Good luck.
(This is information only – not legal advice).
My wife was stopped at a rail road crossing for about 15-20 min and was tring to get to my mothers house on the other side to help stop a tantrum being caused by our two disabled children. She did notice that the next railroad crossing over was open. She was not really thinking and did not see the no tresspassing sign. She did drive on the gravel area approx. 50 yrds from the track down to the next crossing so she could cross over. A local police officer saw her and stopped and gave her a ticket for tresspassing on railroad property. I was wondering if one the city police officer had the right to issue a ticket on federal railroad property, if he could then send the ticket through regular city court instead of federal court, and also looking at the railroad ticket violations for tresspassing unless you are found to have intent to commit damages to the property the fine is maxed out at $250 dollars and the fine the city officer imposed was $265 Dollars. I was also wondering if sence it was placed as a city ticket if it would go on her record as a misdomenor offence, She has a spotless record. Is it worth tacking to court or just pay the fine.
Dear Everett: AsktheJudge.info is an educational site for & about teenagers and the law. We don’t provide legal advice to teens or adults.
If your wife holds off on paying the fine and goes to court for this citation, she may get some answers to your questions. Then she could decide to pay the ticket or contest it and go to trial. Good luck.
(This is information only – not legal advice).
I routinely have teenagers cutting through my yard, climbing over a fence that is both damaging to the fence and the plants. I have posted signs and taken photographs. What is the likely outcome of pressing trespassing charges against such minors?
Dear Mike: Since you have evidence of these kids trespassing, providing such to the police department will help in their investigation. The challenge may be in identifying the kids so they can be interviewed by the police. Also, if you file a complaint it will likely be considered a low profile case, depending on where you live, the size of the town and police department, etc. In other words, be patient. Good luck.
(This is information only – not legal advice).
I was cited with PC 602.8 (a)(California) for driving on a service road for a railroad near my house. After researching the code, It clearly states that signs must be posted clearly at all entrances, however, the entrance in which I entered did not have any signs or any fence. I have pictures and am going to juvenile court tomorrow to plead not guilty. Do you think the case will be dismissed?
Dear Dakota: When you go to court tomorrow, you may meet with a probation officer first. Explain your position to him or her and show your photos. He may explain the law that you’re charged with breaking. You have the right to plead not guilty and make the state prove the charge. A trial will be set and you can either get your own lawyer or the court may appoint a public defender to represent you. Regarding dismissal, it is possible but that’s up to the prosecutor and judge. Good luck.
(This is information only – not legal advice).
So me and a bunch of friends play airsoft/paintball on the state’s property behind my house. I’ve lived here my whole life (19 years) and the land has never been developed. There are no fences, nor any signs posted about trespassing. I also have never been told to leave. Am I legally allowed to be on that land being that there are no postings or do I need to worry about being kicked off of the land?
Dear Rob: You have to look to the trespassing laws in your state. Google the name of your state and “trespassing law” or “use of state land” for information. Generally, if you know a certain property is private or public land, whether trespassing signs are posted or not, consent from the owner is needed to be on or to use the property. This applies particularly if you’ve been told to stay off the property. It depends on the nature of the property and the use it’s put to. A park, for example, may be public land but often carries restricted hours. If the hours are violated, you could be cited for trespassing. Good luck.
(This is information only – not legal advice).
Near where i live, at the end of a dead end road in a residential subdivision starts an open field where tire ruts run from the only entrance to the field to the end of the field. A friend and I drove into the field following the existing vehicle path and then turned around and drove right back out. As we exited the field and returned to the pavement a police officer saw us exiting the field. He approached us and took our driver’s licenses and processed them through dispatch. We are both 19 years old with no criminal history whatsoever. He asked if we were aware that we were just on private property, and we both were not aware of it being private property. He did not know who the owner of the property was but told us that the owner would be contacted and that what we did was criminal trespassing on private property and that we could also be charged with criminal property damage for the ruts, even though the ruts already existed prior to us entering the property. The property only has one entrance, and there are no signs or barriers in place to inform anybody that the property is private. What can expect if the owner of the property wants press charges?
Dear Andrew: If you are charged with trespass and/or criminal damage, you should speak with a lawyer about this. If you plead not guilty at court, the judge may appoint a lawyer to represent you (public defender). Explain everything that happened to your lawyer. He or she will know how to defend you and make the state prove their case against you. You could also be offered diversion as a first-time offender. Once you complete the terms of diversion, the case will be dismissed and you won’t have a record. Good luck.
(This is information only – not legal advice).
If someone signs a trespassing document and agrees to not return to a department store, does that apply to all locations of that department store or only the one they signed the document at?
Dear Molly: It most likely means that you agree to not return to any of those department stores, but you could contact the loss prevention department of the store to get some clarification.
(This is information only – not legal advice.)
I was bow hunting on a friends property in an urban area where bow hunting is legal. The deer I shot ran and landed in another persons yard. I retrieved the deer without asking permission from the property owner. Partially, because it could have been one of two peoples back yard (backyards face each other with a creek in a bottom) and I was fearful they would say no. Georgia hunting laws state I must attempt to retrieve a downed animal to the best of my ability. The property was not posted, I was not seen on the property (that I know of), was not notified before to not be on the property or asked to leave and retrieved the deer thru the creek. It’s a week later. Can I be sited for trespassing at this time. I told the officer where the deer was shot and where I retrieved it. I tried to knock on the owners door at a later time and no one answered.
Dear Ken: It doesn’t sound like you were trespassing. Attached here is the criminal trespassing law for Georgia. Read through it and see if what happened applies to your situation.
§ 16-7-21. Criminal trespass
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $ 500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor’s parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor’s parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.
(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.
(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.
If you receive a notice or ticket to appear in court, explain what happened. If you deny the trespassing charge, the court may appoint a public defender to represent you. At trial, the court and/or jury will decide the case. Or you may be offered “diversion” so that you avoid getting a record. Good luck.
(This is information only – not legal advice).
If I were to enter a school I am not enrolled in, pick up a transfer form from the office(during school hours) and then give myself a tour of the school without the staffs knowledge of this could I potentially be charged of trespassing?
Dear SD: Depending on the legal definition of “trespass” in your state, what you’ve described may come under the law and actually be a crime. This may be the case if you see at the school signs posted about visitors on campus. Most schools require visitors to check into the front office, sign in and state their reason for being there. Why risk this? Ask for a tour when you go and one can be arranged without much inconvenience to anyone. Think twice before wandering around the school on your own. Good luck.
(This is information only – not legal advice).
My friends and I were in an abandon house, and the cops caught us. I was given a $92 trespassing ticket. I’m under 18 and I live in CT. Will the ticket be on my record if I pay it?
Dear Nikki: Depending on the laws in your state, it may remain on your record for a period of time. We suggest you contact the court about this. Ask if this is expunged once you pay the ticket or if you have to apply to have it cleared. Most minor offenses (low misdemeanors or petty offenses) are eligible for expungement at a certain point in time. Good luck.
(This is information only – not legal advice).
Hi,
Three of my friends and I were on the roof of my friend’s apartment in Queens, New York. While on the roof, we were charged with criminal trespass. However, my friend’s mother owns the apartment and has given my friend permission to go on the roof before and accompany non-residents onto the roof (the cable repair man for example). Does the charge still stand?
Dear Brian: You didn’t mention that he had his mother’s permission to take his friends up on the roof. That may make a difference. If you plead not guilty when you go to court, the court may appoint a public defender to represent you. Explain what happened to your lawyer and he/she will know how to present your best defense. Don’t get your hopes up though. Good luck.
(This is information only – not legal advice).
Two nights ago a man allegedly saw me and my friend jump a fence to a highschool football game. My friend and I were approached by our school’s principals who questioned us. And threatened with tickets if we didn’t say that we jumped the fence. Can we be charged if the poilce get involved?
Dear Krystina: Depending on the circumstances and whether you were banned from attending the game, it’s possible that you could be charged with trespassing if the school/principal decides to press charges and refer the matter to the police. However, if the principal has not taken any disciplinary action against you and your friend and did not say that the police would be involved, then it’s unlikely that you will be charged.
(This is information only – not legal advice.)
A friend of mines father has told me that if i return to his home that he will have me arrested for criminal trespassing however his mother has inveted me back what should I follow his fathers name is in fact on the home
Dear Justin: Since you’ve been put on notice by one of the homeowner’s to stay away, you could be trespassing if you return. You have to look to the specific trespass law in your state to see the exact definition. Google the name of your state and “criminal trespass” for information.
There’s no point risking arrest and charges by returning. You can see your friend away from the home. Good luck.
(This is information only – not legal advice).
I got a unknowing trespassing while hunting in SD $145 if I dont pay it this year or next but want to hunt in SD the following year dose my fine go up or transfur to another state or can I just pay $145 before I buy my SD hunting lic.
Thanks Brad
Dear Brad: Usually unpaid fines gather additional fees and penalties. We assume the same is true in South Dakota. Take a look at their hunting rules and regulations here:
http://gfp.sd.gov/hunting/regulations/default.aspx
We also refer you to this site covering hunting and trespassing – scroll down to South Dakota. You can also call the department and ask about this. Good luck.
http://realestate.findlaw.com/trespassing/select-state-laws-on-trespassing.html
(This is information only – not legal advice).
My friend and I were skateboarding in this apartment complex’s parking lot (no gates or fences) but there was a sign that said no trespassing, that we didn’t see but I’m sure that’s superfluous. A cop gave us both trespassing 1st tickets. I think he meant 1st degree but is there a possibility he meant first offense? Do they write “1st” for first offense? And is that actually 1st degree? (Missouri) And my mom thinks I should get it fixed because it will put points on my license but it didn’t involve a car so it can’t right? And if I plead guilty it will be on my record…forever?
Thank you
Dear Jake: It’s more likely that the “first” stands for “first degree” rather than first offense as the officer probably did not conduct a thorough criminal history check before issuing you the citation. Whether or not this incident will result in points against your license depends on the laws of your state and the policies of the Dept. of Motor Vehicles (DMV). Try checking your state’s DMV website for more information or you could contact your local DMV office. You may be offered a diversion program especially if this is your first offense and given the opportunity to avoid a record by completing community service, paying a fine and attending a class or counseling. Good luck.
(This is information only – not legal advice.)
Hello,
I was leaving a sporting event a few days ago and got separated from my friends (we were all taking a bus together). I walked around for awhile – between various parking lots and buildings – and could not find them. They were my only way home.
Unfortunately, my cellphone was also dead. I did, however, have the charger on me. As I continued looking for them, I came across a building with an outside outlet. I plugged my phone in quickly so I could power up and find where they were. A minute afterwards, two cops showed up and told me to leave. They took my personal information. I did not receive any citation. The one officer said they would contact the property owner to see if he would like to press charges and that if I didn’t hear anything in 30 days, nothing would happen.
Dumb, I know. The officers were sympathetic to my situation and didn’t give me anything in writing. I don’t have a criminal record either.
Dear Jeff: More than likely, the police simply took notes of the incident and filed it away. They may have contacted the owner of the building but it would a surprise if he/she decided to press charges for the little power you used. If you do hear from the police or receive a summons in the mail to appear in court, you will most likely be eligible for “diversion.” Once you finish the diversion program, the charge will be dismissed and you won’t have a record. Let us know what happens, if anything. We like to share your experience with our readers if something comes of this.
(This is information only – not legal advice).
my creditor is stalking me and trespassing on my property. What can I do?
Dear Randy: AsktheJudge.info is an educational site answering teens’ questions about their rights and the laws that affect them. We do not provide legal advice to anyone – teenagers or adults. If you believe the creditor is breaking the law by harassing you and trespassing on your property, we suggest you contact the police about the matter and make a formal complaint. Good luck.
(This is information only – not legal advice.)
Date 29 and it was 10am.I visited my old school which it was wheaton warrenville south high school, I was in that school when I was freshman so in my senior year, I wanted to visit that school which I didn’t knew their was a trespass sign in that school , no one warned me that their was a trespassing sign and return home so I just went in and tried to find my teachers,and also I was visiting my girlfriend, I was walking in hall way, going in restroom, I was doing this stupid things because, I love this girl dip ply from heart, also she was going to leave the country after a week so i wanted to see her last time then leave the school which it didn’t happen, I spend my time in hall way, in restrooms,I waited my love to get out from her class. I spented my two hours in this way, In third hour I decided to leave the school so I had to wait 30 minutes ,finally she got out from her class , we both walked to her room which it was third hour , after this stuff happened, I was leaving the school but the police caught me, I didn’t know what to say to them, I was trying to explain but they kept saying, I’m a lire. They were right, they asked my licence and other stuff. I was kind a scared and taught that they were going to do some to me so I lied by saying, ” I don’t have my licence on me and other stuff after a while I told them that I have my all stuff on me after that they taught i’m a lire and they taught that I was going to harm students in school but I only wanted to see my love for last time, I’m not a terrorist that can harm students in school. believe or not, I only wanted to see my love last time, I love all humans. How ever the policeman taked me in jail, after an hour. they taked my pictures, finger prints and other stuff. The policeman gave me this yellow sheet of paper and it said that I need to pay 1,500$ to all damages but I didn’t broke any thing in school or harm any one, and also the paper said that I might go to jail for one year,I don’t know what to do…..please some one tell me what to do, tell me please… whats my fault please tell me guys please….
Dear Kamil: Askthejudge.info does not provide legal advice to teenagers or adults. We suggest you speak with a lawyer about this situation before deciding what to do. When you go to court for the trespassing charge, you can plead not guilty and the court may appoint a public defender to represent you. Or you can contact a lawyer on your own to discuss how to handle this. Good luck.
(This is information only – not legal advice).
I’m sixteen and have been caught with a fire on someone elses land, i ran away from the owner of the land as he was shouting aggresively but i was later caught. I told the owner my name and where i go to school, he said he woud call the police and contact the school, whats likely to happen?
Dear Danny: If the land owner contacts the police, you may receive a notice in the mail to appear in court. The police could also contact your school in order to find out your address or to give you a citation. However, it’s possible that you will hear nothing more about the incident if the owner does not take any action. If you end up going to court and this is your first offense, you may be offered a diversion program and given the opportunity to avoid a record upon successful completion of the program. Depending on the amount of damage caused by the fire, you may owe fines and/or restitution to the land owner. We hope you learned from this as the criminal charges could be extremely serious when a fires gets out of control and causes a lot of damage.
(This is information only – not legal advice.)
I’m sixteen and I got a trespassing ticket about a month ago. The cop also told me that I have to appear in court in order to pay the ticket, I’m wondering, do i need to show up with a parent or can i go by myself? I live in NYC
Dear Vincent: Most juvenile courts require a parent to appear with the minor. It’s the rare case where you can just show up yourself. If your parents can’t make it, they can make arrangements for an adult friend or relative to take you and explain to the judge why they couldn’t be there. Good luck.
(This is information only – not legal advice).
Is there such a law forbidding someone to go back to the church that they have attended for 5 yrs?I have never caused any problems or been rowdy,but my pastor and his wife don’t like it because I speak my piece.They don’t own the church or the property that its on,right now they are leasing it from another church.How can you get 86 from God’s houe?
Dear Mary: It seems it would make more sense if you caused a disturbance or were disruptive leading to the pastor asking you not to return. Perhaps you could try talking to the pastor and his wife first about the situation and how it’s important to you to continue attending your church. You will need to look to the trespassing laws of your state and could contact the local police department or an attorney who handles trespassing matters to find out whether you have a right to continue going to your church. Good luck.
(This is information only – not legal advice.)
what could the charges be for just walking through a school property and that security program on the light catching me doing nothing wrong except walk through?
Trespassing is defined as being on someone’s property without authorization, or after being told to stay away or not return. For example, if you’re banned from the mall for shoplifting or rowdy behavior and you return, you may be charged with trespassing. Google the name of your state and “trespassing” for specific information that would apply to you.
(This is information only – not legal advice).
i was walking home from a store and i cut though my old elementary schools parking lot and this light had a security system on it and it said it took my picture and told me to exit the property immediately it said something inbetween i couldnt hear what it said and i wasnt doing anything except walking through to get home and this has never happened to me before and i used to cut through here alot… p.s. this is in vancouver washington
Dear Tyler: There are many private and public properties across the country installing these automatic security devices to help fight vandalism and other crimes. You are now on notice not to go on the property unless you have a reason to during regular hours. Otherwise you may be charged or ticketed with trespassing. Good luck.
(This is information only – not legal advice).
My neighbor is trespassing into my yard,I have put charges on him/her, and I would like to know what will the police do know?
Dear Unknown: AsktheJudge.info is a teen law site answering teens’ questions about their rights and the laws that affect them. If your neighbor continues to trespass, you can contact the police, follow up with them and ask whether charges will be filed. Good luck.
(This is information only – not legal advice.)
I live in a mobile home village.
One day when I was at work a neighbor and her son cut the entire front half of my 25-year old prized rose bush completely away and cut all the way around the bush.
They did not even ask permission to come on my property and do this.
When I found out who did it, I asked them why; and she said that her grown son pricked his finger on it and so they cut it down. All she said was, “Sorreee… won’t do again.”
I reported the incident to the park management and wrote an incident report.
They agreed that the bush was safely on my property and that it should not have happened.
What kind of legal recourse do I have if any? I live in California.
Dear Michael: Askthejudge.info is a teen law website providing information to teens about their rights and the laws that affect them (juvenile law). We suggest you contact a local civil attorney who handles property issues for further information and advice. Good luck.
(This is information only – not legal advice.)
If I have a trespass and when I go to an interview and they do a background check will that violation include the place of violation and location? Or does it only show up as atrespass violation but no information along with it?
Dear Bernice: Most likely a background check would show that you have a conviction for trespassing, which court the charges were filed in and very limited information. It’s unlikely that it would provide specific information about the trespass including where it occurred. You could call the court and request a copy of your record so you can see exactly what appears on it. Good luck.
(This is information only – not legal advice.)
Extension of posting on 08/24/11 @330pm. All 5 boys have been charged with Arson. Is there a min & max for time and fines, if so what? Also you mention diversion. Ohio does have a diversion program however is this something in which my son has to plead guilty too @ the arriagnment hearing first?
Dear Becky: Yes, every state has its own minimum and maximum penalties under the criminal statutes. Try Googling “Ohio arson laws” for specific information under the laws in your state. Keep in mind that if your son is charged in juvenile court, the penalties are usually less harsh as those given in adult court especially if this is your son’s first offense. He could be offered diversion depending on the facts of the case, his criminal history and the policies of the court/prosecutor’s office. Some diversion programs require that the person plead guilty or “admit” to the charges before entering the program, but again it will depend on the laws of your state and the policies of the court. You will find out more when he appears for his first court date and will have the opportunity to speak with a probation officer who can provide more information about the court process, the penalties your son is facing and what his options are. Good luck.
(This is information only – not legal advice.)
Hello, me and a couple of my friends wanted to check out a construction cite in our town, so we did. We hooped a fence and looked around. Me and my friend Zack thought it was a bad idea and started to head back, but then we got caught by a security guard. He asked us what are names are and were we lived, and we told him. Then he told us to go away. We did, but our other friends got caught and they called us to tell me and my friend to come back, so we did. When we came back there were police men asking the others questions. One police officers took down our information and told us to get out of there. They said they would call us if anything was damaged or stolen. We didn’t take anything, and we all regret doing what we did because it was very foolish of us to ignore the law. I am wondering if they are letting us off with a warning or not because they didn’t press charges their. Also what would be my punishment since I am 18?
Dear Andrew: It sounds like you got lucky by getting off with a warning. The police probably wanted your contact information in case anything was damaged and so they will know to cite you if they catch you doing the same thing again. If charges are filed, you would receive a notice in the mail to appear in court. If that happened and this is your first offense, you could be offered a diversion program and given the opportunity to avoid a record by completing community service and paying a fine. Good luck.
(This is information only – not legal advice.)
My friends and I drove on our teachers yard with a fourwheeler, a mule, and a dirtbike, and her irate husband came out and chased us down in his truck and purposefully slammed into my friend’s mule at a very high speed. The wreck messed up his truck and now they are saying that they might press charges for vandalism for the yard. The yard was barely harmed at all.
Dear Garrett: It does not matter whether the yard “was barely harmed”, if there was any damage at all, they have the right to press charges and you and your friends could be held responsible. It’s ultimately up to the prosecutor’s office whether or not to file charges. You and your parents could consider talking to your teacher and her husband, apologize and offer to pay for any damage. Perhaps if you accept responsibility and offer to remedy the situation, they will cool down and not feel the need to press charges.
(This is information only – not legal advice.)
Dear Judge Tom
My daughter Becky live in HUD housing in Minnesota. Over the last month and a half the caretakers granddaughter 18 yrs old has been harassing my daughter in many forms. I wrote to the management company the following
I Rebecca am writing to you with regards to Amber. I am making a “Formal Complaint” against Amber as she has been causing many problems for me on the property where I live at XXXX. I am beginning to fear her as she has began to become very hostile and aggressive towards me. Amber wont stop harassing me. I have been advised by the local police authorities to report this to you as well as obtain a “Harassment Order” on her (pending) as they cannot help me without this order unless they catch her in the act
Amber has committed the following acts on me between the dates of July 24, 2011 to August 17, 2011
1)Amber Entered my home without my permission while I was away to retrieve cigarettes, with the caretaker keys or through my window, Amber has frequently just let herself in my home whether I was there or not.
2)Amber Entered my home with caretaker keys while I had been napping and took the keys to my car and drove my car without my permission, she has no license
3)Amber Staged herself on my doorstep sitting on my lawn furniture with Stephanie talking to Mary and Mike she refused to leave, saying “Walk around me bitch, Cuz I aint moving”, and telling me to go kill myself, Amber and Stephenie would not move away from my door so I could enter my own home and continued to stage themselves there when asked to leave. I stayed at Kayla’s in unit 109 that night
4)Amber started arguing, yelling and screaming at me at the top of her lungs, her Grandma Renee the “Caretaker” removed her from harms way and got her under control
5)Amber has been verbally threatening/bullying me through words and text messages on a regular basis.
I have since had my number changed. Here are some examples
The specific messages have been deleted by AsktheJudge as they all contain profanity and lewd statements, which we do not publish.
I loaned Amber a cell phone that was my mothers, Amber refused to return the phone. Amber threw the phone in pieces out into the yard in the rain thereby destroying the phone, she has refused to return the battery and charger. A police report has been made, an officer witnessed the phone sitting in the rain as they were called by my mom to retrieve the phone. Possible Charges are pending. My mom gave Amber a note requesting she replace the phone. Amber tore it up and through it on my lawn. Her Grandma made her pick up the torn paper.
6)I suspect Amber dumped a large amount of soda all over my car, because of Ambers anger and hostility towards me
7)Amber has also allowed a felon criminal into my home while she watched my children for an hour or so on August 1 2011, I was very upset with regards to this person being in my home eating my food.
I stayed at Kayla’s that night because Amber became hostile towards me for being upset with her about having him at my home. I have asked her to not bring this person around my home in the resent past. He is somehow affiliated with her sons father. The next day 3 police officers showed up looking for him at my home, since this was the last place he was seen, the police advised this was a not a person you should have here, he is “Wanted” and bad keep him away from your children.
8)Amber is also demanding money from me and my mom for babysitting because my mom paid Mary so I could go to some job interviews, this is why she destroyed the phone. Amber text to me to go “F*** Y** pay me!” “ Go F*** yourself “ she would not return the phone till she was paid $40.00.
9)Amber is spending a lot of time (especially outside) at Mike and Marys my direct neighbor, I feel as though she is doing this to intimidate me. Mary and Mike have told me and my mom that Amber is trying to turn them against me and she is going to make everyone hate me here at the complex.
10)Amber said she is going to do whatever it takes to get me “Kicked Out”
11)Amber was issued a “Minor Consumption” on or about August 4 2011 at Stephanie Butlers
12)Amber ran from the police on August 13 2011 to avoid a second minor consumption
I am in great fear for my safety living here as well as my children’s safety due to these recent incidences. Amber appears to have a very bad temper and is starting to indulge in alcohol which is illegal for her. Amber is also smoking marajuana. Amber is getting involved with the wrong people and bringing them here. I need your help as I do not want to move, as I have been a resident for over 3 years. I like it here.
I would like to proceed with a “Formal Complaint” against Amber Lucas and ask you to issue a “No Trespass” order on Amber effective as soon as the family moves out on Sept 1, 2011 or sooner if possible. I do realize that Amber is a resident here too, however it is my understanding that come Sept 1, 2011 Renee will no longer be the caretaker here and it is my hope that Amber will be moving too.
I am following through with a “Harassment Order “ for me and my children that will be filled today August 18, 2011 on Amber to protect the safety of myself, children, home and property with the advise of Officer Schmitt given by Minnetrista Police Department. I do not know what else to do except to follow through with this request with you and the police.
It is my intention only to stop the harassment and bullying so that I may provide a safe, secure home for me and my family and abide and comply with state laws with regards to harassment.
This letter was faxed to the Management Company on August 17 2011. On August 24 2011 The management company issued a No Trespass Order on two of my guests an did NOT issue one on Amber. I went to the management company the following day (160 miles)to ask the are not helping me and allowing Amber to continue. They were very rude and threatened eviction should the No Trespass Orders be violated by my friends.
Do you have any advice with regards to this situation with the management company and No Trespass Orders? The complaint of my friends was that they were living here, which is not true. No other reason was given for the orders. The management company refused to issue one on Amber. Amber was staged on my property again last night 8-25-2011 HELP!!! Thank You
Candice
Dear Candice: We’re sorry to hear about your daughter’s situation. AsktheJudge is a teen law site where we answer teens’ questions about their rights and the laws that affect them. Although we do not know the age of your daughter, it sounds like this is more of an adult issue, but obviously victims of bullying and harassment can be any age. As for Becky’s friends and the No Trespass orders, she should let her friends deal with the management company if they want to challenge the orders. Your daughter has more to worry about at this point including keeping her and her children safe. It’s unclear whether she got the Order of Protection against Amber from the court, but that is what she should focus on. If there’s an Order of Protection in place and Amber continues to come around and harass her, then Becky could call the police and Amber could be arrested. Also, we suggest she cut off all contact with her on Facebook and block her, but save any of the mean and cruel messages to use as evidence in court, with the management company, etc. Best of luck to you and your daughter.
(This is information only – not legal advice.)
I will start w/ a story. We live in Ohio.
5(A, B, C, D, E) boys enter an abandoned & condemed building (door was open, but a diamond shaped sign from the fire department was on it(although the boys didnt know what it meant)). They entered the building to “explore”. 2(D & E) of the boys got scared as people seen them enter and they knew it was wrong to enter and because portions of the floor were caved as nothing appeared stable. The 2 boys went outside and waited for the other 3 (A, B, C)to get done “exploring”. When the 3 (A, B, & C) boys came out of the building they were screaming fire and running. All 5 now are running together to a local park in which the 3(A,B,C) told the other 2(D&E) that they started a fire. Boy (D) told the rest they have to go back to put it out. All 5 ran back. A, B & D enter the building to extingish the fire (C&E) stay outside scared to enter because of the amount of smoke. A, B & D threw liquid found in cans onto the fire (thinking they would smother the fire) instead they fueled the fire. Now these 3 boys run out of the burning building. All 5 again are running down the street and one calls 911 to report the fire anonymously. Obviously they were caught as they were seen by many. The detective told each of them they had to put a statement in writing or they were being taken downtown. As a parent I was advised the same and that the reports would be taken to a prosecutor who will be filing charges agaisnt each child in which would most likely be B & E and arson but they will take into consideration the honesty with the written statements in which parents were required to sign as a witness(or the child was going to be taken down town). Because no one was “under arrest” rights were not given (i believe that is why). Additional info:
Child A Only minor issues in past nothing involving courts just calls to police.
Child B A few previous records with courts
Child C a few previous records with courts
Child D No prior issues w courts, school etc
Child E No prior issues w courts, school etc
My questions:
Can child E truly be charged with Arson? There was no intent, in fact no idea that was taken place inside the building when they were outside. (and the written statements from all 5 boys coinside with one other).
What about the B & E?
What kid of charges should we be awating for child E? (I know it’s a guess)
I was also told a child does not have a jury option and when we go to court the judge will look at the written statment and detective statements and sentence accordingly. I’m confused, so does a child not even have a trial?
I am scared, my son is scared and can not afford an attorney and can not seem to get consistant answers to any questions and from what the detective stated this is major (as I would agree).
Any information about the process. What to expect. Even possible charges would be greatly appreciated. Thank you
Dear Becky: Once all of the police reports are sent to the district attorney, they will decide what charges will be filed and against which of the boys. They will take into consideration the statements the boys made and the statements of any witnesses to the incident. Once filed you’ll receive notice in the mail of a court hearing. When you go to court, a probation officer will explain the legal process to you. The boys may be eligible for “diversion” depending on their individual records and the court’s policies and prosecutor’s position. If they plead not guilty, a public defender or private counsel may be appointed to represent each boy. The possible charges may include trespassing, arson or reckless burning, vandalism and others depending on the circumstances. The boys may have a trial if they plead not guilty and aren’t eligible for diversion. Only a few states have juries in juvenile court. Usually the trial proceeds before only a judge. For more information about the juvenile court proceedings, Google the name of your court. Many courts have websites with information for the public. Good luck.
(This is information only – not legal advice).
im 19, we were with some friends and we jumped the fence to this public pool in my community.. and the cops came i received a summon this is my first offense and ive never done anything like this before.. i just wanted to know if id be charged and have it go on my record forever?? i know it depnds on the judge and stuff but i mean would i be given community service since its my first time?? and i didnt hire a lawyer since i cant afford one..
Dear Saleena: Since this is your first offense, you may be offered a diversion program and given the opportunity to avoid a record by completing the terms of the program. Diversion often includes some community service hours and a fine. Many people do not have lawyers to represent them when they go to court for minor offenses like yours. You will find out what to expect and what you’re likely facing when you go to court and should have an opportunity to speak with a court or probation officer or the prosecutor. Good luck.
(This is information only – not legal advice.)
Around this time last month, my mother had gone to Las Vegas for a week. I called her one day and asked her if I could go to the house and do yard work for her, and she said yes. So I did just that, and left. The next day, I was bored, and called her again and asked if I could do yard work, and she said yes, but “all the doors are locked so you know you won’t be able to get in”. Ok, thats fine. I was sitting on the back porch, cooling off, and noticed that the back sliding glass door had been left UNLOCKED. So, it being my mother’s house, I let myself in. During this time, I had a few friends over and stayed at the house. I did not contact her though, because she would have been upset that I was in the house without her knowing. I cleaned the entire house for her though, and when they got back, that was their “evidence” for the police. I am now being taken to court by my mother for “trespassing”. Could you tell me what possibly might happen? Thank you.
Dear Ryan: If this is your first offense (appearance in court), you may be offered what is called “diversion.” That means when you complete community service work, attend a class or counseling, the case will be closed and you won’t have a criminal record. The legal process will be explained to you when you go to court. Don’t miss your hearing or the judge may issue a warrant for your arrest. Good luck.
(This is information only – not legal advice).
We own the lot behind our house. There a house being built next to our lot. The property lines are clearly staked off. The builder has repeatly driven heavy equipment over the lot damaging the grass. They also placed building material on our lot. We called our realtor who in turn advised the builder that the lot was owned by us and to remove any materials and to stay off our property. We came home last week to a huge pile of rock on our property. Part of the rock was dumped on a trailer we have parked. The builder will not call us back and has the nerve ask our realtor “What is their problem?” To me this is trepassing! They have been told to remove what was left and to stay off. But we are the ones with the problem. We feel that they rock they dumped on our property is now ours!!!!
Dear M: AsktheJudge.info is an educational web site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults. We suggest you speak with a local lawyer about this situation. Many provide a free consultation for the first 30 mionutes or so. Ask about this when you call. Good luck.
(This is information only – not legal advice).
My family used to own a small business and the bank recently took it over. Mu uncle told me that if there is anything I need in the building to get it out now. So I went up there and used my key to open the building and I went inside to do my business and I come out to the banker who technically owns the building now. He asked me where I got the key and I told him I’ve had this same key since I was 14. I asked why if he didn’t want me there to change the locks. Am I trespassing on my own family businesses property if I have a key and entered the building but didn’t know I wasn’t supposed to be there
Dear Bill: If the bank now owns the business, you would need their permission to enter the property. You can check the definition of “trespassing” by Googling the name of your state and “criminal trespassing” for information. Every state defines this offense differently so reading the statute that applies to your situation is important. You can also contact a local lawyer and see if, under the circumstances of this incident, you violated the law or not. Good luck.
(This is information only – not legal advice).
I dropped my son off at school one morning, and ended up getting into a verbal confrontation with one of the school teachers. I was later informed by the local police that the school principle had filed a no tresspass order against me. I was not taken to jail nor did i appear before a judge. It has been 9 months since the incident, and now my daughter will be attending the same school. The principle refuses to lift the order. Therefore, if something happens to my child during school, I can’t go on campus. How can I resolve this issue and can the school actually keep a parent from their child?
Thank you. I look forward to your reply.
Dear Mr. Hayward: You may have missed your opportunity to contest the no trespass order. If this is similar to a protective order, you usually have a period of time (10 to 30) days to fight it. A hearing is set and you go to court and explain to the judge your side of the story. Then, the judge either keeps the order in place, dismisses it or modifies it. The orders are usually in effect for a year or so, but can be renewed, in this case, by the principal or teacher. If you still have the paperwork, read it closely and see if it spells out your rights in responding to the order. You can also speak with a local criminal defense lawyer about this. Many attorneys provide a free consultation for the first 30 minutes or so and that may be all you need. Ask about a consultation when & if you contact a lawyer. Good luck.
(This is information only – not legal advice).
I live in Pennsylvania – I have certain people that I do not want on my property. I posted signs, clearly visible, on each side of my property. The other day, theses people came onto my property, entered my garage and proceed to remove items without permission. I emailed the parties and advised them that they had no right to enter my residence, that I have signs clearly posted and to not do it again. What are my legal rights if this were to happen again?
Dear Patty: We suggest you discuss this with a local lawyer to determine your rights in this matter. You can also take a look at the following post from the Pennsylvania Legal Aid Network in Harrisburg. Good luck.
http://www.lawhelp.org/documents/124111Brochure%2014_How%20to%20Keep%20Someone%20off%20Your%20Property_Brochure.pdf?stateabbrev=/PA/
(This is information only, not legal advice).
I live in WA and my girlfriend and I split after living together for 9 months at my parents (economy). During this time period she did not pay rent, help with chores or buy food it was my parents income and my unemployment checks. Said she was coming to get her stuff (most of it was packed already), I packed the rest by the time she arrived. She entered the home unannounced along with 3 members of her family, who entered the home uninvited by my parents and who were subsequently asked to leave the home and property immediately and continually ignored the demand stating that the entry and porch were some sort of common area that they were legally entitled to be in as my ex had established residency. When I implied that they were trespassing I was told that they were going to charge me with theft of property die to the fact that I had taken computer components from her computer. I showed them receipts showing that I had purchased the case, video card and power supply and that by merely assembling my components with hers did not imply a $600+ gift. The computer was removed by threat from the residence along with a $400 ring that has yet to be paid off. A lot of our finances were joined but all the bills are in my name including a $1200 firestone bill to fix her car (which she stipulated in from of the store manager she would pay) and a current Verizon bill of $594 dollars which is her debt on my name/credit. When I called the Sheriff’s office non-emergency line, I was essentially told it was a bad break-up and nothing more could be done since she left the scene.
My questions are:
Is there any legality to backup the common area?
What if anything can I do about the bills/debt?
What other violations took place, how would I start to rectify what happened and any further information you offer.
Than you, Nate.
Dear Nate: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults. We suggest you speak with a lawyer about these issues. Many attorneys, especially in this economy, provide a free consultation for the first 30 minutes or so in hopes of being hired by the client. That may be all the time you need to in this situation. Ask about this when you call the attorney. Good luck.
(This is information only – not legal advice).
My 16 year old daughter & her best friend who is a 16 year old male were walking across the parking lot of the school that is behind our home. It was late at night and they were walking home from a friends who lives 3 blocks away (we do not have a curfew law in our small town which consists of only 3 roads and less than 6 blocks total). As they were crossing a car came upon them slowly (they only saw headlights) and then speeded up towards them. They started to run not knowing who was chasing them (no flashing lights, no verbal). The vehicle chased them thru a field (part of the school property that is directly beside the parking lot) and eventually stopped and started yelling out the vehicles window at them. My daughter stopped and looked back to realize it was a Police Officer (she finally saw the cars side with the emblem but still no lights flashing, etc). When the officer started to yell for them to come back or he was “sticking the dogs on them” she & her friend walked back up and she said “I did not realize you were a police officer….we thought some crazy person was chasing us”. Needless to say the officer was in a huff over this and seconds later 2 more officers arrived on the scene (he must have called in back up). The Officer than went on about how there has been vandalism at the school recently (someone spray painted a smiley face on the back of the school) and he knew she did it. She said she had nothing to do with that and they were simply walking home from their friends house who lives beside the school. The officer said she was being “Lippy”. After taking their information the police escorted the kids home, had me come out on the porch and informed me that they were citing her for Criminal Trespass. I looked over the laws (we live in PA) and went to the school to see the postings. The signs say the playground is closed from dusk to dawn. They were not near the playground nor were they anywhere near the back of the school where the vandalism took place a few days prior. They were in the front parking lot walking towards the road. The police searched them and found nothing. There was no breaking in, no vandalism, basically nothing happened to the school that evening. Neither of these kids have priors. I believe them when they said they ran since the officer came up the road slowly and then hit the gas, he had no flashing lights and they couldn’t see the side of the car with him directly behind them at night with headlights coming at them. One of my neighbors also saw the entire thing from his porch and said the Officer never put his flashing lights on. My question is should we contact an Attorney and fight this. I agree that we need to stop vandalism but 3 State Police, a car chasing them thru a field and a criminal trespass citation seems a little excessive for two kids walking home and being frightened by a strange car.
Dear Mr. Gibson: We can’t tell you how to proceed or whether to hire a lawyer or not. That is your decision. There are several choices here. Your daughter can plead not guilty when she goes to court and she may be appointed a public defender to represent her. Before going to court, you can contact a criminal defense attorney on your own to discuss what happened. Many lawyers offer free consultations (about 30 to 60 minutes) without any obligation on your part to retain them. It shouldn’t take more than that amount of time for the lawyer to assess the case and advise you. He or she may have a small fee for the initial consultation, but it may be worth it in this case for you to understand the laws that apply and your options. Good luck.
(This is information only – not legal advice).
Juvenile summons was issued for my 16 y son. Tresspassing on the RR tracks.
It states that by law we are required to have an attorney. He has minor priors. What would happen if we show up without an attorney? Cannot afford 2 grand when he is pleading guilty anyway.
Thanks
Tmcooke1@comcast.net
Dear Theresa: If your son is indigent meaning he and his parents (you) cannot afford to hire an attorney, then a public defender will be appointed to represent him. However, public defenders are not necessarily appointed for every case including minor offenses (certain misdemeanors which may include trespassing). Try calling the court and ask a clerk about this as it is unlikely that you are expected to appear with hired counsel for your son. Good luck.
(This is information only – not legal advice.)
If a schoolmate (15-years) allows us, other schoolmates into the parents home, can the parents charge the schoolmates for trespassing?
Dear Bee: That’s a good question. It depends on the definition of trespassing in your state. Google the name of your state and “trespassing” to see what’s included. Usually trespassing requires notice that your presence in or on a certain property is prohibited. For example, if the parents of this schoolmate have told you before not to come to or enter their home and you do, that may constitute trespassing. Good luck.
(This is information only – not legal advice).
My friends and I were walking on some train tracks. A police officer approached us and told us it was illegal to be there, which we didn’t know. He told us we could face a 100 dollar fine. He let us go and told us to be careful walking back to the car. He did not ask for our names, or licenses. It’s possible he could’ve taken my license plate number. Can he use my license plate to fine me? Should I expect a fine in the mail?
Dear Chris: It sounds like you got lucky with a verbal warning. If the officer wanted to issue you and your friends a citation and have you pay a fine, he would have obtained your contact information and not just taken your license plate number as he doesn’t know who the registered owner of the car is. Now you know to stay away from the train tracks. If you do it again and get caught, then it’s likely you will receive a ticket. Good luck.
(This is information only – not legal advice.)
We have a neighbor that we share a driveway with and we do not get along. They have three girls ages 9 – 11 – and almost 13. They are constantly on our property and we have told them numberous times to stay of. Every time we tell them to stay off the property the parents call the police. (Glenolden, PA). The police say they can go on my property because they are kids. Yes they are kids that say F___You to me and my husband, give us the finger and the parents say the same thing. We have lived in our house for 6 years and we have put up with this. We have a NO treaspassing sign up and they just walk right over it. They don’t pay my taxes and they are not nice especially the parents. My husband and I are 20 years older than they are and want them off the property. What can I do.
Dear Debby: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We do not provide legal advice to teens or adults. We suggest you speak with a local lawyer about any remedies you might have. He or she may suggest a restraining order if that’s available under your laws. Sometimes the ignored pest goes away. Just like the bully who doesn’t get a rise from his target, moves on to another. Good luck.
(This is information only – not legal advice).
hi i recently went to my sisters ranch she has no fence and retrived mt car. she said i stole it from her and s threating to report it stolen and put me in jail. there is no paper work saying she paid for the car or eny thing can she send me to jail wat are the consequences i can exspect??
Dear Melony: If the police get involved they will want to see documentation regarding ownership of the car. Either the title, purchase contract, lease, etc. should identify the legal owner of the car. If either of you are arrested or charged with a crime, contact a lawyer or if you end up in court, request a public defender to represent you. You can also speak with a lawyer now about this situation. Many lawyers provide free consultations for 30 minutes or so and that may be all you need. Ask about this if you contact a lawyer in your area. Good luck.
(This is information only – not legal advice).
i told my brother repeatedly not to come on my property that if he did i would have him arrested for trespassing. he ignored me and did anyway we are going to court soon and i was wondering what could i expect in the court room the same night i discovered sugar in my gas tank and it cost me 400bux to fix. they granted me the warrent for trespassing but not the vandalism because i didnt see the sugar in his hand if i tell the judge is there any chance he will hold him accountable.
Dear Sherry: If you have a lawyet, he or she will explain to you the process when you go to court. If you don’t. the judge will explain to you how to proceed when your hearing starts. Basically, you’ll be given a chance to tell your side of the incident. If you have any documentation or photos, etc. in support of the trespass bring them with you. If he’s not charged with the damage to your car, it’s not likely the judge will hear evidence on that. Good luck.
(This is information only – not legal advice).
My daughter 16 y.o. daughter got a citation (TX) for criminal trespass after a report came in of a bunch of teens in an old building. Kids were caught breaking things in the building but she wasn’t involved in that she went in looking for her brother after being told he was in there. A few minutes after entering Cops busted down door, guns drawn cuffed her as well as most of the other kids. Yelled at her and her friend to shut up because they were crying searched her and her purse. Issued her a criminal trespass citation after she gave names of kids breaking out windows then let her and other kids walk back to school. School called me not officer. What will happen to her? She has to show in court next week.( her brother was not even in there) can she sign her o
wn citation, can police manhandle them if they did everything cop told them to? This is the first
time she has ever been in trouble.
Dear J.P.: Since your daughter has never been in trouble before, it is likely that she will be offered diversion. This means that upon successful completion of community service, payment of a fine and/or attending a class, the case would be closed and the charges dismissed. She can most likely sign the citation, but it depends on the specific laws of your state. Finally, you could try contacting the police department and request their policies/procedures for similar incidents and when offenses involve minors. You also could ask to speak with a supervisor to express your concerns about how the situation was handled. Best of luck to you and your daughter.
(This is information only – not legal advice.)
A few years ago I was passing by this mobile home in my neighborhood on my bike and noticed A older man having trouble putting some things up in his rafters of his garage So I stopped and helped him out,We shot the breeze and had a couple of beers and after about 2 hours or so I left,a few days later the guy was claiming that I stole his car keys and let myself into his house because He found a pop tab in his couch which I happen to save for the Ronald McDonald house. Now in a couple of weeks the guy who made these vicious claims is renting the mobile home to a friend of mine and his ex wife and they claim he is going to have a no tresspass order put against me So I cannot come anywhere on the property,can he have this put against me with such circumstantial evidence,and what would happen if I refuse to sign the no tresspass order when a cop comes to my house and serves it to me? The only thing I did was wrong was help this A-hole.
Dear Nate: In most jurisdictions across the country, when you are served with a restraining order by the police, you have an opportunity to fight it. Ask the police officer about this when you’re served with the papers. You usually have a certain number of days to notify the court that you object to it and a hearing will be set. You don’t necessarily need a lawyer for this. You appear at the hearing and explain to the judge why you object to the restraining order. The judge listens to both sides and then either throws it out, keeps it in place or modifies it. Whatever you do, if the order remains effective, don’t violate it. Otherwise you could be found in contempt of court and be facing some jail time. Good luck.
(This is information only – not legal advice).
i recently got a trespassing ticket a few weeks ago. i have a court date set but the officer said that if i paid my fine before my court date, i wouldn’t have to attend court. is this true? because i know people who’ve had this issue and got screwed over and the police lied to them about it. what happens if that’s my situation?
Dear Brittney: We can’t say whether it’s true or not. We suggest you call the court, explain that you received a ticket and see if payment of the fine excuses you from appearing in court. When you call, get the name of the person who answers your question. Good luck.
(This is information only – not legal advice).
If my neighbor had some trees cut down from her yard, but one of the trees fell in my yard, breaking some yard items, and damaging the ground (holes & branches buried in the ground, partially sticking out, can I press trespassing and property damage charges against the company/owner? I wasn’t home when this happened and had no idea the trees were going to be cut down.
Dear Rita: AsktheJudge is an educational website for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you resolve this with your neighbor before considering legal action. If that doesn’t work, then you may want to discuss your rights with a lawyer. Good luck.
(This is information only – not legal advice).
Can a neighbor actually tell a child that they cannot ride their bike on the sidewalk in front of their house!??!? I heard a woman today tell a neighbors son (10yo) that he needed to stop riding his bike on her sidewalk (the one between the curb and her yard). This is a HOA owned property…a community which has an elementary school in it! I think these people just need to move to the edge of the earth away from all other human contact. Why they chose to live in a “neighborhood” with neighbors…I will never know!
Dear Jenni: Check your HOA rules and regulations. The CC&R’s you received when you moved into this HOA neighborhood spell out everything possible about the restrictions imposed. The sidewalk is most likely common property for all residents to use. This particular neighbor may not like kids or bikes but the child may not be breaking any of the rules. Work toward a peaceful solution to this since you’re stuck with one another until one of you moves. Good luck.
(This is information only – not legal advice).
7 other people and me got caught on the eight floor of our dorm building. we all got a citation for 3 degree criminal trespassing. my question is whats likely to happen in court? will this be on my record? any way i can get off with a “slap on the wrist” since its my first offense and not have it go on my record? im in arizona
one more thing the court date isnt till 3 months from now. have i been charged? what should i put on a job application if it asks if i have a criminal record? this was all last night so yea im nervous
Dear Daven: You don’t have a criminal record at this point. Since this is your first offense, you’ll probably be offered diversion. When you finish the terms of diversion, the case will be dismissed and you won’t have a record. Don’t miss the court date or a warrant can be issued for your arrest. Good luck.
(This is information only – not legal advice).
The other week myself and 3 other friends were looking for something to do one night. We decided to check out this building that we would always pass and never knew what it was. We never went inside of the building. When we got there, we parked right off the road in a driveway up to the building. There were no “no trespassing” signs anywhere around the building on either side. We just wanted to look around the outside and possibly come back to take pictures for my band. As we walked back to our car, there was a cop pulled up, searching through the vehicle. As we walked up to him we explained that we were only walking around the building to check it out (also there is a sidewalk around the outside so it was not a sucluded area.). He explained to us what the building was and told us we were trespassing and our vehicle was parked on private property. Two more police officers showed up, frisked us, searched our vehicle and went through all of our stuff to find we were not doing anything such as drugs or alcohol (note we are all good kids and work together). It ended with the cop explaining that we were trespassing and he was notifying the owner the next day. The cop did not give any warning and told us we were basically getting fined. When I recieved the notification in the mail, the police officer said he was citing us for “defiant trespassing” and that we were “trying to gain access into the building” when we told him that we were NOT, and that they did not see us around the building at all. We were only bored and walked around the building, but the police officer is trying to get us for trying to gain access into the building. I went back to take pictures of the building where we parked to show proof that there were no signs posted where we parked. The cops did not catch us in or on the building property, only found our car, and when they first found us we came walking up to them from the sidewalk. I was told that I should take this to court and fight it by mulitple sources. Thank you
Dear Justin: Discuss this with your parents. Together you can look up your state’s definition of “defiant trespassing” and see if what you and your friends did, fits the case. You’ll have a chance when you go to court to fight the ticket. We can’t give you legal advice or tell you to admit or deny the charge. Your version of the event, however, is one that should be explained to the judge. Good luck.
(This is information only – not legal advice).
One of my neighbors came to my door to confront me after I turned him in for not cleaning up after his dog (on my property. He was furious and started using profanity as soon as I opened the door. He wouldn’t stop ringing my doorbell, and was yelling at me through the door. I called 911, and made the mistake of opening the door to tell him the police were on their way. By this time he was yelling from the street, but he began running towards me as soon as I opend my door. I never lest the inside enryway of my home. He got all the way up to the porch, where I pushed him back to prevent him from coming inside my home. The cops came and went to his home and arrested him for trespassing, and now he is claiming I assaulted him. Since I never left the inside of my hosue and he was trying to enter, wouldn’t it be considered self-defense?
I apologize for all the typos in my above comment…I was in a hurry
Dear Julie: Askthejudge is an educational web site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. If you get charged with assault, you need to discuss this with a lawyer. Whether you have a self-defense claim depends on the facts of the incident, what is contained in the police reports, and the laws in your state. Many criminal defense lawyers provide a free consultation for 30 minutes or so. Ask about this if you contact a law office. Good luck.
(This is information only – not legal advice).
I just received a “Simple Trespass” citation in Hawaii for hiking in an off-limits area (Hawaii Section 708-815) owned by the state. There’s no fee assessed (yet) but there is a summons for a court date. Hawaii law designates this as a “violation”, versus a misdemeanor, etc. I believe this is the same as an “infraction” in other states.
Pending the judge’s decision, how will this affect me? If it’s a small fine, I don’t really care. I’m more concerned about what would be on my record, especially being in the military currently. Is this on par with a parking or speeding ticket?
Dear A. Smith: You may be offered a diversion program which means that if you successfully complete the terms of the program (pay a fine and possibly complete community service hours), then the case would be closed and you would not have a record. If Hawaii treats these types of trespassing tickets like parking tickets, then you may just have to pay a fine and the incident will not appear on your record. You will find out more when you show up for your court appearance and have the opportunity to find out whether the incident will appear on your record. Good luck.
(This is information only – not legal advice.)
OK i was riding my bike down a railroad track minding my own business then all of a sudden i get stopped by a civilian car with police light inside the car and told to stop so i did. I was asked if i knew i should not be here i told them i did not know because there are no signs stating it is private property or no people allowed these guy were sheriff offices but they did not have their uniform just normal casual cloths and they did not show no badge except for one guy who had it as a necklaces they said if i ever got a ticket i replied no but in the end i still got a ticket for trespassing so i got no warning what so ever no sign on either side of railroad telling no people allowed. I am a 19 year old guy, is what they did right for trespassing?
Dear Mark: When you go to court for the ticket, you can explain to the judge what happened. Google the name of your state and “trespassing laws” for the details that would apply to you. Just because you didn’t see a No Trespass sign doesn’t mean you didn’t trespass on railroad property. There may have been a sign nearby that you didn’t see. The person who ticketed you may be an official with the railroad authorized to issue trespassing tickets. Don’t miss your court date – the legal process will be explained to you by a court or probation officer. You may be offered diversion which means when you complete a class or community service, the case will be dismissed and you won’t have a record. Good luck.
[This is information only – not legal advice].
I got arrested for tresspasing on school grounds me and my friends went to an elementry school to skate around we saw an open window so we went inside hoping to cool off and maybe find some candy the cops came and arresred us the changed the crime from a felony to a misdemeanor tresspasing im wondering what will most likely happen to me and my friends in court i live in FL and im 14
Dear Matt: If this is your first offense, you may be offered a diversion program, which means that if you successfully complete the terms of the program, the case will be closed and charges dismissed. If diversion is not an option, you are likely looking at community service, possibly having to pay a fine and/or restitution and attending a class. Remember that the consequences will increase for a second or additional offense, so we hope you learned from this experience. Good luck.
[This is information only – not legal advice.]
I was with my boyfriend in a park afterhours doing things we shouldn’t have. I admit to that and I knew it was prohibitted. A cop found us (luckily we weren’t doing anything at that precise moment) and said one of us was going to jail (I’m sure just to scare us. And boy did it work! I burst into tears!). I am 20 and he is 26. He ordered us each, what I think, a citation. We are simply not allowed back into any city parks for 24 hours. If we are found in a city park (either of us, together or seperate), we will be charged with trespassing. What I would like to know is will this go on my record, will it show up on a background check, and, if so, what will it show up as? Neither of us have ever been in any trouble. I’ve only been pulled over once in my life. He’s had only one speeding ticket and a couple parking tickets. We’ve already made the decision that this will never happen again. However, I’m still scared my family will find out somehow. Can you give me the answers to my questions? Please.
Dear Meg: It sounds like you got lucky this time by receiving a warning and a verbal order to stay out of the public parks for 24 hours. If you did not receive a citation ordering you to appear in court or pay a fine, then the incident should not appear on your record. If you don’t comply with the verbal warning/order, then you may be arrested and charged with trespassing which would appear on your record. We’re glad you and your boyfriend have learned from your mistake and won’t have to worry about being arrested/charged with trespassing.
[This is information only – not legal advice.]
I am a delivery driver. I was out on a rural route when I really had to go bad. I couldn’t take it anymore so I stopped at a random home to ask to use their bathroom. I knocked on the front door no answer. Looked like a car in garage and light on assuming someone was there. Side outside door going to what looked like a cellar was open so I went down to knock on that door. No answer, came back up outside door lady came home was embarrassed it was a lady so asked for directions. Left 30 seconds later came back because I crapped myself, she answered the door still couldn’t come to ask her to use bathroom. Went up the road threw my crappy undies in ditch and wiped up with some snow. Lady claimed to be missing something over the weekend cops investigated. I didn’t go into house at all. Am I guilty of something? Detective says they found their stuff. Whatever that was. Now my jobs at stake just based on what she said. Was told by a lawyer not to talk with det. I did offer to take a polygraph though. Can I be charged for this just because I was there?
Dear Jenny: The prosecutor will consider the facts and decide if a law has been broken, such as trespass or theft. Since you have a lawyer, he or she can answer your question based on the laws in your state and local ordinances. Follow his or her advice unless you have reason to not believe or trust him. If that’s the case, then speak with another attorney. Good luck.
[This is information only – not legal advice].
I allowed a friend to house sit while I was out of town and they had a person over several times while I was gone without my permission. This led to this persons spouse coming over and pushing there way into my home causing some minor damage. The spouse also grabbed a knife and was removed from my home by the visiting spouse. Can I press trespassing charges after the fact on both of them? The spouse who pushed their way in had also climbed over a gate because we live in a gated community. What actions can I take? Thank you
Dear Clark: Askthejudge is an educational website for & about teenagers and the law. We don’t provide legal advice to adults or teens. We suggest that you speak with the police or county attorney’s office to see if what happened violated any laws. You can Google the name of your state and “Trespass” for a definition that applies to residents of your state. Good luck.
[This is information only – not legal advice].
I was evitcted off of property. When I showed up, my ex-landlord, whom had a bigger problem w/ my fiancee then, was rude & made very serious false alligations aganist us & told me I wasn’t allowed on the property. The police (the alligations) questened everyone BUT US! What I wanna know is, can my landlord go on hearsay? & is it considered trespassing if im on the property outside, not inside? I have a friend whom needed my help, I left something of hers outside the apartment & left. I wasn’t even on the property a minute.
Dear Annon: We don’t provide legal advice to teens or adults since AsktheJudge is an educational website for teenagers about the laws that affect them. We suggest you Google the name of your state and the word “trespassing.” You’ll see the exact definition and what constitutes the crime. Also take a close look at your eviction notice to see what property (inside, outside, etc.) is included. The length of time is insignificant since trespassing isn’t limited to minutes or seconds. Good luck.
[This is information only – not legal advice].
My sister recently came back to her old high school to visit teachers. She came onto campus, but left soon after to go fetch the camera from her car. The police officer first warned her, then once she entered the campus again, arrested her for trespassing. All she wanted to do was visit her teachers and didn’t know that visiting hours were after 2pm. Her friends were there with her when she got arrested, but the police officer did not warn them or arrest them. I saw many graduates come back the next day after she was arrested, and nobody arrested or warned them. Will she be able to clear her name? Our parents are very strict, we make good grades, and this was a mistake more than anything else. Please give us some advice.
Dear Anon: If your sister has to appear in court, she can explain what happened and why. She may be appointed a public defender to represent her. If this is her first offense, she may be offered what is called “diversion.” Once she completes the diversion program the case will be closed and she won’t have a record. She can ask about this when she goes to court. Good luck to her.
[This is information only – not legal advice].
i was riding to my girlfirends house and i went down a path that was kinda muddy and privatly owned and a cop pulled up. and when he pulled me he said he would contact the mayor and see if the owner wanted to press charges or make me pay the cost of the damages to the grass they planted. if there is not any trespassing signs on the piece of property can he get me for tht
Dear Brent: It really depends on the circumstances and the laws of your state. Although “private” or “no trespassing” signs may be required to be posted, that doesn’t mean that they have to be posted everywhere. In other words, if a sign was posted in a location that you didn’t pass or didn’t notice the sign, it is not a defense to say that you didn’t actually see the sign. However, based on what you have described, it sounds unlikely that you will be cited for trespassing or have to pay for damages. Since the officer told you it’s private property, you should avoid it in the future, otherwise you could be cited for trespassing. For more information concerning the laws in your state, you could try Googling your state’s name and “trespassing”. Good luck.
[This is information only – not legal advice.]
My Girlfriend and I live in College housing on campus for three years recently we had a domestic dispute and the neighbors called the local campus security. I have since been told by her that the college has given her a No Trespassing order for me and I am not to return to the property. I have lived there three years all my stuff is there and i have been convicted of nothing. The charge from them is “conducting myself in a manner that is unacceptable” Waht are my rights as a tenent ? I don’t want to push it as I don’t want her to lose her house which after her divorce went back to the college. but I also have had no time to find another place and move. It is a private college and She is paying $30,000 per year to go there it is her last year. I have been a past Alumnist,and have worked two different jobs for the college in the past, and am a member of the on campus Church as well. What are my rights with regards to this action? Much appreciated I am hiding out now calling on apartments as my car is used by her and her two kids to get around since hers broke down a year ago. They still need to personally serve me right? and or evict me? Thanks !
Dear Rob: Your rights as a tenant on campus are most likely spelled out either on the college’s website or in print form at the
student housing office. Campus police are oftentimes deputized police officers with the same authority as your local police. Generally, a no contact or no trespass order has to be served on the person who is prohibited from making contact. The law in your area may be different. Check with the campus police and ask so you don’t make things worse. You could possibly work something out with them to return at a certain time and day, when she’s not there, to get your belongings. Good luck.
[This is information only – not legal advice].
me and my friends were having lunch and messing around on this property that had absolutely no signs, ropes, fences, and/ or notification saying we could not be there. nest thing you know 3 cops and the owner of the storage unit across the street pull up. as the cops give all 17 of us tickets, the storage owner stands back like top dog and watches. this would not have been the first time we were over there and cops are always driving by practically watching and acording to the cops it wasnt the first time the guy had seen us. why did he call the cops that time? and can they really even fine us for it, since we werent verbally, physcally and notifically told not to be ther?
Dear Frankie: We don’t know why the guy decided to call the police that time, but it’s unfortunate that he didn’t give you some sort of warning. You will have to refer to the specific trespassing laws in your state for the exact language and what is considered a violation of the law. Private property does not necessarily have to be marked with “no trespassing signs” or some other type of marker, but again, this will depend on the specific laws in your state. Perhaps you could try Googling your name and “trespassing laws” for more info. If you believe that you were not trespassing, you (and your parents) could try contacting a local defense attorney for a free initial consultation. Good luck.
[This is information only – not legal advice.]
me and my friend we gt arrested for tresspassing (we are under 18) is it lickley we will get a record
Dear Todd: If charges are filed and you have to go to court over the incident, you may be offered diversion if this is your first offense. That means that upon successful completion of the program, the charges would be dismissed and you would not have a record. If diversion is not an option in your case, you will have an opportunity at some point after completing your sentence to ask the court to expunge or destroy your record. If and when you go to court, you could ask the court or probation officer about this. Good luck.
[This is information only – not legal advice.]
My roommate and I live in her father’s store. She’s in the back of the main building and I have my space next door in a smaller building. She recently moved her new boyfriend in, I don’t like him. I don’t feel “safe” in my home for various reasons – won’t go into them. I have asked her to tell him that he is not welcome UNINVITED into my space. I don’t pay any rent and my name is not on any lease for either buildings.
IF I catch him in my space uninvited, do I have any legal means to prevent him from entering uninvited?….I live in WA state.
Dear Christina: If your friend’s dad has given you permission to live there, then you may be able to make a complaint if your friend’s boyfriend enters your space without your permission. However, it really depends on the specific laws in your state. Perhaps you could anvoid any future disagreements by sitting down with both your friend and her boyfriend and set some ground rules for the 3 of you living together or near each other. You could also refer to the information on the following site or call their hotline: http://www.tenantsunion.org/rights. Good luck.
[This is information only – not legal advice.]
I live in a two bedroom apartment with my boyfriend and a roommate. We recently had some problems with our roommate and are no longer talking. his new girlfriend and I so not get along. I said something to her outside of my apartment once. Then she started an argument and tried to fight with me inside my apartment, causing a disturbance in the hallway. I would like to know if i can put a no trespassing on my apartment so she cannot come to my apartment anymore and create problems. I live in Massachusetts, if that information is needed.
Dear Amanda: Read your lease carefully and see if this type of situation is addressed. You could also ask the apartment manager who might be familiar with Massachusetts law regarding landlord-tenant issues. You could also Google “Massachusetts trespass law” for specifics in what constitutes a violation. It’s an awkward situation since she is seeing your roommate. It might be best for the four of you to sit down and calmly work out your differences. Good luck.
[This is information only – not legal advice].
i will tell you a little story and please tell me if i am in the right or wrong.. i have 5 children and took my oldest to work one leaving home my14yo,13,yo,12 and 11yo making sure i locked the door behind me. about 10minutes after i left the 13yo called me saying”someone is beating on the door and ringing the doorbell constantly” i told her to look out the peep hole to make sure it wasn’t the person staying with us. she said “NO its a black guy” i told her “don’t open the door and i will be there asap” within the next 10minutes i rec’d phone calls from the 14yo who was now in a state of panic because the person at my door was beating on it. i told her”hang up and call 911″ she did and i also call 911. i get to my house and there is a car in my driveway. in the car is the person whom i am letting stay at my house his mother and walking off my porch is a black gentleman whom i figured out was her boyfriend. he came off my porch and said “i am looking for (not his real Name) George” i said ” after the first 5 minutes of pounding on my door and scaring the “F word” out of my children didn’t you figure out he’s not here?” he said we(as in him and George’s mother) were told that he was here” i said “he’s not now get the “F word off my property because the police are on there way” he said “i’m sorry” and they left on the side of my feance is a NO TRESPASSING SIGN it is not my fault if they did not bother to look. Now i had to go to court and fill out paperwork for a warrant and took the police report with me. am i within my rights to have them charged with criminal trespassing in the state of GEORGIA?
Dear Michelle: Askthejudge.info is a teen law website providing information to teens about their rights and the laws that affect them. Therefore, we are unable to assist you with your question. You could try contacting your local prosecutor’s office and they will decide whether or not the incident warrants filing charges based on the facts and your state’s laws. Good luck.
[This is information only – not legal advice.]
My ex boyfriend and I have been talking and going back and fourth between fixing things and when I moved into college he just stopped talking to me and I tried to contact him a few times. Since he works at a warehouse right behind my college I went up there and sat by his car to wait for him to get out so that he would tell me why he refuses to respond to me. His boss (the owner) came out and said “Can I help you?” And I said, “No I’m just waiting for Tom. He said “Okay.” and I said “Don’t tell him though cuz it’s a surprise.” and he said “Okay I wouldn’t want to ruin that for you.” and walked back into the building. A few minutes later the cops arrived. I have a friend taking a law class and she told me that since the owner/boss of the property did not give me a verbal warning such as “If you don’t leave the property, I will call the cops.” That it was illegal for him to call the cops because I was in the parking lot and I was not posing a threat, and it is a public store. She also said that since there was no verbal warning that I can sue the company for their actions. Is this true?
Dear Chrissy: Unless you were told to leave the property by the owner, it’s not likely you were trespassing. However, the owner of private property has the right to call the police at any time when concerned about a situation. In fact it is a responsibility of business owners to protect their property and employees. Not that you were a threat but precautions are legitimate. It’s the same as though you were concerned about someone you saw near your home that you weren’t completely comfortable with. Do you think you could be sued for notifying the police? Thanks for asking.
[This is information only – not legal advice].
I have a few next door neighbor kids that are troublemakers and unsupervised. They are always on my property playing even after I have told them a minimum of 25 times and they’ve been told by the police to stay off my property. They have not caused any damage “yet” and I do have a no trespassing sign posted in my backyard which is visible. It seems a little silly to bring up charges just because they’re playing on my property but I’m trying to prevent any future damage they might cause. What can I do?
Dear Brandi: You could ask the police how best to handle this situation. Or post a “No Trespassing” sign in the front yard. Your wish to avoid charges or litigation is commendable. How about approaching their parents with a request that the kids not play in your yard? Good luck.
This is information only – not legal advice].
Can a homeowner call you a trespasser if you’re on a public sidewalk by their house? What if you’re on the lawn where a sidewalk would be if there were one?
Dear Dan: If the sidewalk is indeed a “public” walkway, then it wouldn’t be trespassing. You have to look for the legal definition of trespass in your state and what are public-use areas. If there’s grass where there would ordinarily be a sidewalk, that area could be considered private if the land is privately owned. It depends on a number of factors including whether an easement exists and the authority the person has who is restricting its use by others. It’s a good question because if a lawful owner tells you to stay off and you return, you could be charged with trespassing. Check with the city planning and zoning office for the exact boundaries of this property. Good luck.
[This is information only – not legal advice].
Is climbing up onto the roof of apartment buildings you live at at 4am criminal trespassing?
Dear Anon: Most likely, it is. The roof of any building, public or private, isn’t a public area. Whether “No Trespass” signs were posted or not, common sense tells you you’re in a restricted area. You’d have to look to the legal definition of “trespass” in your state for the details. Try your state’s name and “trespass” on Google and you’ll find the statute. At 4 a.m. you could have also been cited for curfew if you’re under 18. Good luck.
[This is information only – not legal advice].
I was skateboarding in a place where there where no signs about skateboarding or treaspasing or anything. You had to go down an asphalt bike trail to get to it but there was a fence that stopped people from falling off of a big drop, further down the trail the fence stopped and a trail led to the place we where skateboarding and a cop kicked us out and called it tresspassing. I want to know if it really is
Dear Austin: It depends on your state’s definition of trespassing. You could Google the name of your state and “trespass” to see how it’s defined. Usually signs are posted somewhere so they can be seen. Otherwise, even without a sign, if you’ve been told by someone in authority [a mall cop, for example] or the property owner to leave and that being on the property is trespassing, then you’ve been warned. If you return you could be charged with trespass. Good luck.
[This is information only – not legal advice].
Hello, me and my 3 friends took a shourtcut through a old peoples home thats been closed for years and is borded up, we went through loads of bushes and then stepped over a broken fence we were walking thruogh the old gardens around there, then a security guard or somebody with an earpice in asked what are we doing tresspassing and we told him we were taking a shourcut he said there had been brake ins so he took our names and said he would be in contact with us and he said he had the police on the line because he heard people brakeing things (us waliking over old fence)he never took our phone numbers just names but knew we were from the loacal area, he wrote the names down and told us to get out of here then said something to someone on the line (possibley police) not sure though, could i be in trouble? if so what could happen? im very worried.how long will it take for them to be in contact or could they have let us off? please reply.
Dear Emlyn: It is possible that you may hear further about this incident. If you live in a small town where everyone knows each other, you could receive a notice in the mail to appear in court. The charge against you may be trespassing. Depending on the trespass law in your state, you may have violated it. Usually you have to be under a verbal warning not to be on certain property or there has to be signs posted declaring the area off-limits, such as a “No Trespassing” sign. If you end up in court and this is your first offense, you may have to complete some community work hours or take a class about following the law. Then the case will be closed. On the other hand you may hear nothing at all about this. Hopefully you’ve learned something from this experience. Good luck.
[This is information only – not legal advice].
Me and my friend were bored one day and decided to climb on a roof of an apartment building in our apartment complex. Apparently a lady who lived in the upstairs home didn’t like hearing us on her roof so she called the cops. I was 13 at the time and the officer told me I now have a record for the rest of my life, what did he mean?
Dear Chase: If you didn’t receive a ticket or go to court, then you don’t have an official record. The only record of the incident may be with the police department in the event you got into more trouble. The officer may have been trying to put a scare into you. Hopefully you’ve been law abiding since then. Good luck.
[This is information only – not legal advice].
I’m a pastor, and a man in my church has been working with several families in a low-income apartment complex with great results. Sadly, two months ago, one of the young families we were helping received an eviction notice. We consulted a lawyer in the church, and he discovered fraud in the lease contract that was perpetuated by the apartment manager (we still have this fradulant document). Two weeks ago, the complex began a mass eviction process, sending letters to several tenants. We believe this process is unjust, as many of the evictions stem from false promises and frauds committed by the old apartment manager (the same one who fraudulantly signed the document). In trying to assist a specific young family, the man from my church went door-to-door in the complex asking residents if they had any similar experiences they wanted to share as he was collecting evidence. At court that afternoon, the attorney for the complex was made to look very foolish, as he could not remember the name of the former or current apartment manager nor could he describe the subsidary program used for the tenants in that complex (nor could the current manager or her boss who were also present). However, the very next day, this man from my church received a ‘no trespass’ warning from the complex stating that he is not welcome on the property. This is very disturbing, as he is involved with several families, helping them in very practical ways on a near daily basis (food, rides, repairs, spiritual advice). Moreover, it seems like a clear case of using trespass law to retaliate for gathering evidence. We live in Ohio. What can this man do to contest this ‘no trespass’ order? I have researched Ohio case law, and a 1996 case shows that if a tenant invites a person onto the property, their presence cannot be considered trespass even if a trespass warning from management is issued.
Dear Pastor Dale: First, we must inform you that Askthejudge.info is a teen-law website. We don’t provide legal advice to anyone, adult or teen. We can suggest that you consult a local landlord-tenant association or attorney who specializes in landlord-tenant law. The statutes that apply to landlords and tenants law must be studied as well as the contract signed by both parties. Good luck.
[This is information only – not legal advice].
My friends and I were sitting and talking on a school playground at midnight. A cop came by and took our names and DOB. I was curious as to what happens. She said she didn’t have a problem cuz we didn’t know but if it happened again she would. So is this considered a misdemeanor on my record or what?
Dear Fred: It sounds like just a warning this time. If she didn’t give you a ticket or notice to appear in court, there’s nothing to worry about. You don’t have a record from this incident. She took your information in the event she sees you again out after curfew. Good luck.
[This is information only – not legal advice].
I was wondering if you sign a “trespass” for the store, What does that mean? Does it mean you can’t go to the store the rest of your life or what. I don’t understand the term.
Dear Mom: When a store “trespasses” you that means you can’t return to the store for the time you were told. It may be stated on a document you were given at the time or you may have been verbally warned and told the time the trespass would be in place. If you’re not sure, call either the store or their corporate headquarters and ask. If you return to the store while the trespass is in place, the store can notify the police and press criminal trespass charges against you. You may find more specific information about this by Googling the name of your state and “trespass warning.” Good luck.
[This is information only – not legal advice].
can a person take out a warrant for trespassing six months after the offense?
Dear Angel: Every state has what is called a “statute of limitations.” That is a time period after a crime has been committed for charges to be filed. Usually misdemeanors have up to a year or two, while felonies may have longer periods. Murder has no statute of limitations – the charge can be filed anytime after the death, even 50 years later. So, in answer to your question, trespass charges can be filed within the time period allowed in your state. You can Google your state’s name and the words “trespass statute of limitations” for more about this. Good luck.
[This is information only – not legal advice].
My girlfriend has a son with her ex and he is allowed parenting time. He is supposed to be responsible for picking up and dropping off their son, but does not do it a lot of the time, forcing my girlfriend to do that. Sometimes we have been out together, so I have driven her to her ex’s house where she would go inside to pick up her son. He sent her a text message last time saying that he doesn’t want me there and if I do that again he will call the police for trespassing. The driveway is a shared one, I think for two duplexes. Could I actually get in trouble?
Dear Charles: That would depend on what exactly happens. If you’ve been warned not to be on specific property by the property owner and you return, that may constitute trespass under the local laws. It may be best to make other arrangements for the visits rather than risk legal trouble or an arrest. Good luck.
[This is information only – not legal advice].
Two of my friends rent a house together in NYS; one has decided that he has serious issues with the two of us that cannot be resolved, and no longer considers us friends. I have always previously made sure to act courteously towards him and to respond calmly and respectfully when he becomes confrontational, and I do nothing in the house besides hang out with my friends in the living room or my friend’s bedroom; unfortunately, he has decided that I am no longer welcome in the house at all. This is only place where my group of friends congregates on a regular basis, and consequently the only place where I can spend time with all of them. I have asked him what issues he has with me, and if there were any way we could resolve them; he will not respond.
My question is, does he legally have the right, as a tenant, to tell me I cannot come to the house for ‘personal reasons’ that he refuses to share, when another tenant wants me there and the house is open to all of our other friends?
Dear Lynn: You’ll have to look to the local landlord-tenant laws about this, as well as the lease signed by the tenants. The lease may spell out the individual rights of residents including permission to be on the premises when one tenant objects. Hopefully, you can resolve this for the good of all concerned. Good luck.
[This is information only – not legal advice].
My girlfriend and I went on top of a school the other day. We were just bored and wanted to enjoy the view from up there. Now that I think back to it, it was a really dumb idea, and I deeply regret it. A cop found us there, took our info, and called our parents. Our furious parents came to pick us up. The cop told us three things could possibly happen. One: A “slap on the wrist,” or a simple warning. Two: a several month long class on decision making. Three: we could be charged with trespassing by the school, go to court, and have a record. My question is, what will the court do with us? Community Service? A fine? Also, what is the possibility of each outcome? Am I more likely to be charged, or just get off the hook and get a simple warning? Oh, and here’s some more useful info: we’re both 16, we didn’t damage any school property, and no one was hurt.
Dear Anon: What will happen depends on your local prosecutor and court. If trespassing charges are filed, it’s likely you’ll be offered diversion meaning upon completion of work hours, a class or counseling, the matter will be closed. Either way, you’re not likely to have a record, and if you do, you can ask for it’s expungment after a period of time, usually a year or so. Think before you do something like this again, especially as you approach adulthood. Good luck.
[This is information only – not legal advice].
My son was climbing up on top of the high school that he is enrolled in. Someone called a school official and they called the cops and went to the school. They saw my son and asked him to come off the roof and then told him if he did they would not charge him. So he comes down and they charge him with trespassing. There was no damage done and they were essentially just bored and “rock climbing”. There is no fence or posting and in fact my son has access to a key to the school because he opens the weight room. I am not sure he thought what he was doing was unlawful, pretty sure he knew he shouldn’t be there, but not unlawful.
Dear Amanda: Trespassing doesn’t always require a billboard-size sign designating an area off limits. Common sense tells most people that roofs are not for public use. The fact that he didn’t damage anything or that he had a key to a certain area of the school doesn’t exempt him from responsibility for what he did. Good luck – hopefully the next time he’s bored, he’ll think about consequences before he acts.
[This is information only – not legal advice].
My 17 year old friend drove around a locked gate (did not cause any damage) onto a field while I was with him in the passenger’s seat. I am 18. We sat in his car for a while just talking until an officer approached us and told us that we should not be there and ran our licenses then gave them back. He told us to leave and have a good night. If we didn’t receive any citations or anything and he didn’t mention any charges on the spot is that the end of it or could we still be charged with something through the mail?
Dear Anonymous: It sounds like you may have gotten lucky this time with just a verbal warning. Although it’s possible to receive a notice in the mail from the court, it’s unlikely since the officer did not issue you a citation or tell you that you would receive one in the mail. The next time you may not be as lucky, so we hope you learned from this incident. Good luck.
[This is information only – not legal advice.]
I WAS AT MY HIGHSCHOOLS TENNIS COURTS LATE AT NIGHT PLAYING AND WAS APPROACED BY A POLICE OFFICER AND HE INFORMED ME THAT I WAS TRESSPASSING AND THAT I COULD BE ARRESTED FOR USING THE TENNIS COURTS ITS A PUBLIC SCHOOL AND THERE IS NO SIGN SAYING THE COURTS ARE CLOSED AT A CERTAIN HOUR ONLY A SING SAYING TO TURN THE LIGHTS OFF AFTER USE IS THERE ANY TRUTH TO THIS WHAT SHOULD I DO? I WORK DAYS AND NIGHT IS THE ONLY TIME I HAVE
Judge Tom’s response:
Since you’re a student at the school, the tennis court hours may be in your Student Handbook. There doesn’t always have to be a “No Trespassing” sign if another method of notice is provided. Plus now that you’ve been told by the police, if you return after-hours, you may be cited. Check the front office to get the exact hours and days you can use the courts. Explain your work situation and maybe you’ll get special permission to be there at night. Good luck.