There are a couple of defenses that can be used when it comes to burglary and theft charge. In one example a police officer might think a person was responsible for a broken window, or a call was made about a suspicious person. For a burglary charge a person may be charged with trespass which is completely different from burglary trespass. Burglary trespass is when you’re someplace you shouldn’t be, and typically in trespassing you need to be given notice, it’s what’s called a trespass warning, that you’re not supposed to be someplace. Another example might be a person who goes into a store and steals something, that’s theft. Typically that store will also give you a no trespass order. If that person decides to go back to that store after the warning is given that would be criminal trespass.
There are a couple of defenses when you’re talking about burglary and theft charge, and that is that you had no intent to take anything, or you just didn’t go in . What I see a lot of times is police think this person may have gone in because the window’s broken or somebody called and said you look suspicious, and you didn’t and so it’s very important, because when you’re looking at the burglary charges they may be able to charge you with trespass, for example, but trespass is a whole different level as opposed to burglary trespass. Means you’re someplace you shouldn’t be, and typically in trespassing you need to be given notice, it’s what’s called a trespass warning, that you’re not supposed to be someplace. You see that a lot in like stores for example, now we talked about the difference between theft and burglary for example. If you go into a Walmart and you steal something, that’s theft and almost every case they’re gonna give you a no trespassing order, which means you can’t come back into that store. If you come back to the store after you have a trespass warning you are gonna be charged, and it is criminal trespass. And that is, you know something that you don’t want on your record, at any time, just like you don’t want another offense on your record. To speak to a lawyer call us at the Goolsby law firm. Our telephone number’s (972) 394-2141, we’ll get you in for a free consultation.