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and also i have to appear for arraignment to this cause when i got arrested i got out on a PR bond and the court cost is $328.00 immidietly upon plea of guilty if you dont have the money is that another charge what do you all think would happen in this case any help please?

2006-10-12 14:06:34 · 18 answers · asked by cash_thug69 1 in Politics & Government Law & Ethics

damn does anyone have any ******* serious answers

2006-10-12 14:20:50 · update #1

18 answers

"Ordinary" criminal tresspass is a Class B misdemeanor, which is punishable by UPTO, but not usually, a $2,000 fine and 180 days in jail. Although, I doubt, 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 proceedure 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. I am not sure about Texas, but I think you are entitled to a public defender to represent you, since you could be given jail time. If you ask for a public defender and the court grants it, the public defender could give a more accurate estimate of your situation.

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.

2006-10-12 20:14:55 · answer #1 · answered by rehabob 4 · 3 0

1

2016-06-02 15:41:02 · answer #2 · answered by ? 3 · 0 0

Penalty For Trespassing

2016-11-14 09:06:04 · answer #3 · answered by Anonymous · 0 0

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RE:
what is the punishment for criminal trespass in texas?
and also i have to appear for arraignment to this cause when i got arrested i got out on a PR bond and the court cost is $328.00 immidietly upon plea of guilty if you dont have the money is that another charge what do you all think would happen in this case any help please?

2015-08-06 20:25:43 · answer #4 · answered by Anonymous · 0 0

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2014-11-13 04:49:14 · answer #5 · answered by Anonymous · 0 0

Texas Penal Code 30.05

2016-12-12 05:13:44 · answer #6 · answered by ? 4 · 0 0

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2015-09-24 23:24:42 · answer #7 · answered by Edgar 1 · 0 0

I was arrested by an overzealous Travis Count deputy for running on the jr high track....no building involved..the guy stated he was arresting me because the school is private property...never heard of that, we ran on the Anderson track for yrs with no problems...they kept me in jail for 30 days and I never even saw a court or lawyer. The charges were dropped and I was allowed to leave after 30 days. NO more running on the track for me...

2013-10-20 19:45:08 · answer #8 · answered by Anonymous · 0 0

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2015-08-04 17:18:28 · answer #9 · answered by Anonymous · 0 0

Interesting topic!

2016-09-20 00:14:49 · answer #10 · answered by Anonymous · 0 0

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