Criminal Trespass Charges: When You Are Asked to Leave But You Do Not

 Posted on November 16, 2016 in Criminal Defense

All too often individuals are faced with criminal trespass to real property charges, under 720 ILCS 5/21-3, when they were asked to leave a place but do not do so. This scenario plays out a handful of different ways:

• A patron might be asked to leave a bar, club, or restaurant after becoming too intoxicated and rowdy, or getting into a fight with another patron or employee of the establishment;
• An individual might be causing a dramatic and disruptive scene in a business establishment in view of other patrons;
• An individual might have conducted him or herself inappropriately, but not necessarily in violation of the law, in a business establishment, and is then asked to leave;
• An individual might ignore posted signs saying “do not enter” or “authorized personnel only beyond this point”; or
• An individual might knowingly go into a restricted area after being warned not to go into that area.

Knowingly staying on property when you do not have the authority to do so, or if your presence on the property has been forbidden, can land you in hot water with law enforcement. You will likely be charged with criminal trespass to real property. Similarly, knowingly entering an area of real property where you do not belong can also get you charged with criminal trespass.

Criminal Trespass is a Misdemeanor Offense

Criminal trespass to real property is a misdemeanor offense, but that does not mean that you should take criminal trespass charges lightly. Punishment for a criminal trespass conviction can rangeanywhere from six months to a year of jail time. However, in some situations a criminal defendant can get court supervised probation instead of jail time. Additionally, youcan also face a fine of a few thousand dollars and civil liability for youroffense. These punishments can wreck havoc on your life, and that is why you need a criminal defense lawyer by your side helping you fight your charges.

If you are arrested for criminal trespass to real property, you should refrain from telling the police anything by exercising your right to remain silent. As soon as it is possible for you to do so, you need to get in touch with an experienced criminal defense attorney to discuss your situation. A knowledgeable and skilled criminal defense lawyer will be able to help you fight the charges you are facing and will hopefully get the charges against you either dismissed or reduced.

Call The Law Offices of Christopher M. Cosley

Anyone who is facing criminal trespass charges should be concerned about his or herdefense. These charges are serious and pose potential consequences that can severely impact your life. A conviction for these charges can jeopardize your freedom, which is why it is so important that you get into touch with an experienced Rolling Meadows criminal defense attorney as quickly as you can after being charged.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K21-3