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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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My son has a trespassing charge - is there any defense

Resolved Question:

My son has a trespassing charge - is there any defense?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 5 years ago.
There are three commonly used defenses. They are:
1. The defendant claims that the building involved in the offense was abandoned. The word "abandon," as used in the statute, has a meaning in law that is not entirely the same as in everyday speech.

2. The defendant claims that the premises, at the time of the (entry / remaining), were open to the public and the defendant complied with all lawful conditions imposed on (access to / remaining on) the premises.

3. The defendant claims that (he/she) reasonably believed that the owner of the premises, or a person empowered to license a person to access the building, would have licensed (him/her) to (enter / remain), or that (he/she) was licensed to do so. A reasonable belief means that a reasonable person in the defendant's situation, viewing the circumstances from the defendant's point of view, would have shared that belief.

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Customer: replied 5 years ago.

Number 3 is what we are saying. This happened last July 23. Our `8 year old son was hanging out with a 14 year old girl, her 12 year old sister and her friends at a park by our home off

and on in July. They would sometimes go to her house and jump on the tramp. The mom knew who my son was. One day after hanging out at the park, they all walked to the girl's house.

The kids said they were going downstairs and all went inside. Roger was in the driveway

getting ready to leave on his bike a noticed he didn't have his Iphone. He remembered one

of the girls was listening to music on it. He went to the door. He knew the door bell did not

work. He knocked on the door that was open a crack and the door went open. He called. No

answer. He knew their we all downstairs. We went downstairs. The mom was downstairs with

the kids and said to Roger "Hi, honey" Roger said "Does anyone have my phone?" The mom

said she would find out and he should go look for it. Roger left to look outside. He was joined

by the Father and Andrea and her friend. They finally found the phone in a wierd place.

Roger left. About 30 mins later Andrea text Roger and asked him to meet her at the park.

When Roger got to the park, the sheriff was there. The sheriff said to Andrea, "Is this him?"

She said yes and the sheriff arrested Roger.

Expert:  TexCrimLawyer, J.D. replied 5 years ago.
From what you've said, this sounds like someone was not telling the truth to the police. Assuming your son is telling you the truth (don't take offense to that statement, but that is an assumption) you can present this defense. Basically, the police must prove that he intentionally went onto or remained in a premises where he was not allowed. If the owner invited him in or allowed him to stay once there, he is not guilty. You have a very solid defense. My instinct is that there is more to the story, but that is hard to tell.
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