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RayAnswers, Lawyer
Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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I had my maintence man enter a property to secure it as per

Customer Question

I had my maintence man enter a property to secure it as per the health department note saying it was my responsibility. Otherwise they would charge me.
This property had been ransacked by vandals , where originally it was secured.
The police wrote a tresspass ticket.
What do u think?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
They have court today and id like to help him
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

I think you should appear with him, try to talk to prosecutor.I don't think this was trespassing if you are the landlord and trying to secure the property. Take the health department information again I think they might drop this here if you do.It does not appear to be a willful trespass in this case.

Expert:  RayAnswers replied 1 year ago.

Under Utah law, trespassing is defined as entering or remaining on the property of another, when such presence is prohibited by a sign or other notice or:

  1. a. intending to cause annoyance or injury to any person or to damage any property, including the use of graffiti,
  2. b. intending to commit any crime other than theft or a felony, or
  3. c. being reckless as to whether his presence will cause fear for the safety of another.

In general, this offense is classified as a Class B misdemeanor. Class B misdemeanors are punishable by up to 6 months in jail and $1,000.

I cannot see that this situation as you present it met the requirements for a criminal trespass.I would tell him to talk to prosecutor with you there as backup and seek to have it dropped here.Alternatively he could take it to trial I don't think they can prove a crime occurred.

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