Entering and remaining after been forbidden is a common crime in Jefferson Parish. Police charge people with this if they defy orders and warnings to enter structures without authorization. The Entering and Remaining After Been Forbidden Law prohibits you from loitering in a place that you are not allowed to be in the first place or remaining in an off-limit area.
According to the penal code La. Stat. tit. 14 § 63.5 entry or remaining or an attempt to alter or remain in any structure, whether a moveable or immovable property belonging to another person, after been forbidden to do so is charged as a criminal crime. Some property owners or custodians put up signs on their buildings to warn against entry. Disobeying such signs can dent your criminal record and you wouldn’t like that.
If you have been warned, either orally or in writing by the owner or custodian of a building or car to stay away from their property, you should obey. Trespassing on other people’s property can get you into a lot of trouble in Jefferson parish.
What Makes Me Guilty Of Entering And Remaining After Been Forbidden?
Three things must be proven in all Entering and Remaining After Been Forbidden case. They are called “elements of the crime.” Elements of this crime that must be proven include;
- Intentionally entering and/or remaining on: the first element to prove is that the defendant entered the property.
- The property belongs to another person, and
- No authorization
If these elements can be proven, you will be charged for intentionally loitering in someone’s else’s property without permission/authorization. Furthermore, we will discuss the specifics of this crime in order to help you have more understanding of what makes you guilty. Specifics of this crime include;
Intent- intent is a great factor when dealing with a case of Entering and Remaining After Been Forbidden. To commit this crime, you either enter a property fully knowing that you don’t have permission to do so or remain on a property even after learning/realizing that you don’t have the right to be there.
For example, if you accidentally wander into someone’s else’s land while hiking, it isn’t considered as a criminal offense.
Notice or Warning- if after you see a clear sign or warning that a property isn’t open to the public or that you are not allowed to enter without authorization, but you defy the warning or sign and go in there, you can be charged for Entering and Remaining After Been Forbidden.
According to the law in Jefferson Parish, property owners are required to put a notice or warning, such as,” No Entry”, “No Trespassing” Also, a locked door or a fence around the property is enough warning. After seeing a locked door or fence and you can tell the property is off-limits. Breaking into such property without authorization from the owner is a criminal offense.
What Is The Specific Action Considered As a Crime?
- Hunting on someone else’s land even after seeing a warning prohibiting it.
- Cutting down trees without authorization
- Entering and/ or remaining in someone else’s vehicle without their permission.
What Are The Possible Penalties for Entering and Remaining After Been Forbidden in Jefferson Parish?
- Entering and Remaining After Been Forbidden is related to burglary, but it is a less serious crime. It is often punished as a misdemeanor offense, but it can also be a felony depending on the circumstances of the case.
- Criminal law in Jefferson gives harsher penalties for illegally entering and remaining in a residence than for other locations. If you enter or remain on another’s person’s property, you will be incarcerated for not more than 6 months with or without hard labor, fined $500, or both.
- In addition to the prison term and fines, offenders can face civil liability. Since this crime is a violation of property rights, the property owner can sue the offender for money, even if no harm was done.
Can I Be Charged If There’s No Warning Sign?
The state law guiding Jefferson Parish requires that the property owner should express warning either verbally or in writing. Persons forbidden from entering a property must be have been informed about their illegality to be on the property, either by telling them with words of mouth or a written warning.
Do I Need An Attorney For An Entering or Remaining After Been Forbidden Charge?
We realized that many people charged for this crime tend to trivialize it, but we will advise you to be different from these people. This charge may seem simple to you, but it can go as far as denting your image and giving you a criminal record. Even though it is often charged as a misdemeanor, it is still a criminal case and it will show on your blueprint.
When you have a case of Entering and Remaining After been Forbidden, it is important that you hire a defense attorney. Having an attorney can determine if you end up with a criminal history or not. An experienced attorney knows how to make necessary negotiations with your prosecutor to push away a load of consequences off you.
If you don’t want to live with a criminal history because you entered someone else’s property, you need an attorney. You need an attorney to save your face and get the best possible outcome for your case.
Metairie Criminal Defense Lawyers
If you have a case of Entering and Remaining After Been Forbidden, you should seek legal help from Barkemeyer Law Firm, a reputable and competent criminal defense firm in the areas of Jefferson Parish.
At Barkemeyer Law Firm, our Metairie criminal lawyers are committed to protecting and defending our clients’ rights. We defend your case to achieve the best possible outcome.