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Ask J D Haas Your Own Question
J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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am I guilty of criminal tresspassing in New Mexico if I ...

Customer Question

am I guilty of criminal tresspassing in New Mexico if I entered a piece of property that is posted only at the vehicular acess points.I didnt see any signs nor did I know that we had crossed off of the state trust land that we were on.The piece of private property is huge and apparenly is only posted at two points. We were on foot and crossed a fence in a thick pine forest not entering the property by the road network
Submitted: 8 years ago.
Category: Criminal Law
Expert:  J D Haas replied 8 years ago.
Under the facts you have given, it is possible but unlikely that you would be convicted of criminal trespass. You have to have intent to commit a crime. You had no intent to trespass and under the facts you have given, it is easily understandable that you could go on the property innocently since there were no signs in the area.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
Customer: replied 8 years ago.
Reply to J D Haas's Post: thank you for your answer but I wanted to know if Iam guilty by new mexico law of tresspassing criminaly
Expert:  J D Haas replied 8 years ago.
Here is the statute:http://legis.state.nm.us/Sessions/07%20Regular/bills/senate/SB0544.pdf

Criminal trespass is "knowlingly entering onto another's property". According to your facts, you did not have the intent to trespass, or in other words, you did not "knowlingly" enter onto another's property. Under your facts, you should not be charged with the crime because you did not have intent.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.