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my husband got caught of tresspassing the other day the officer…

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my husband got caught of...
my husband got caught of tresspassing the other day the officer told him that they will match the fingerprints on the window. if just in case that the fingerprint turns out to be positive what's going to happen to him is he going to be put to jail? and can i get a bond so he won't be put to jail or does he have to pay for a fine. pls help me on what should i do to help my husband.
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/20/2010
Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,882
Experience: 30 years in civil, probate, real estate, elder law
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Thanks for your question.Here in Texas the crime of
"Ordinary" criminal trespass is a Class B misdemeanor, which is punishable by UPTO, but not usually, a $2,000 fine and 180 days in jail. In most cases they get much past probation on a regular basis.

If you cannot pay the fine immediately, they may send you to jail instead of fining you. However, the usual procedure is to give a defendant a reasonable period of time in which to pay the fine. (After all the county wants to make money off of you, not spend money on you.)

Without knowing the facts, I can't say what to expect, but I would not expect much, especially if this is your first offense. You are entitled to a court appointed lawyer to represent you, since you could be given jail time. If you ask for a lawyer and the court grants it, the lawyer can seek out some kind of plea deal and other options.

Here is the Texas trespassing statute follow by the punishment provisions:


§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily
visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
(3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code.
(4) "Forest land" means land on which the trees are potentially valuable for timber products.
(5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.
(6) "Superfund site" means a facility that:
(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or
(B) is listed on the state registry established under Section 361.181, Health and Safety Code.
(c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances.
(d) An offense under Subsection (e) is a Class C misdemeanor
unless it is committed in a habitation or unless the actor carries a
deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center; or
(B) on a Superfund site; or
(2) the actor carries a deadly weapon on or about his person during the commission of the offense.
(e) A person commits an offense if without express consent
or if without authorization provided by any law, whether in writing
or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of
the boundary of the land when apprehended; and
(3) had notice that the entry was forbidden or received notice to depart but failed to do so.
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.

SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

§ 12.21. CLASS A MISDEMEANOR. An individual adjudged
guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one
year; or
(3) both such fine and confinement.

§ 12.22. CLASS B MISDEMEANOR. An individual adjudged
guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and confinement.

§ 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
  • 4 years ago


Edited by RayAnswers on 6/20/2010 at 3:29 AM EST
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