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The right to own private property is a very important right in the United States and this ideal continues to Louisiana as well. When you own private property, you have the right of privacy while on the property and can restrict access to the rest of the public if you so wish. However, many times people will attempt to enter your private property or remain on your private property after being forbidden. This is illegal in the state of Louisiana you can be criminally convicted with entry on or remaining after being forbidden charges if you are found guilty. These charges are very serious and come with stringent penalties that can hurt your future and limit your future opportunities like employment and applying for school. If you have recently been charged with entry on or remaining after being forbidden, it is highly recommended to contact an experienced criminal defense attorney like Carl Barkemeyer to help defend your case during trial as much as possible. Mr. Barkemeyer has defended numerous entries on or remaining after being forbidden charges in Baton Rouge, Louisiana and has a deep knowledge of the Louisiana legal system. He and his legal team will pay careful attention to your specific case and look at all the evidence and relevant circumstances to help you craft a defense for your case that could potentially aid you in lessening the punishment for the charges or sometimes reduce the penalties altogether. But the first important step to defending against entry on or remaining after being forbidden is to seek legal assistance as soon as possible so as much time can be used to come up with a smart and useful defense against the charges.
The general idea of illegal entry on or remaining after being forbidden is that the defendant allegedly entered onto someone else’s private property and remained on the property and refused to leave even after being forbidden from the property. This can be considered as trespassing onto someone else’s private property and staying there even though the owner has warned you that you are on private property and must leave. The definition for entry on or remaining after being forbidden charges under Louisiana state law are as follows:
- No person shall without authority go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any structure, watercraft, or any other movable, or immovable property, which belongs to another, including public buildings and structures, ferries, and bridges, or any part, portion, or area thereof, after having been forbidden to do so, either orally or in writing, including by means of any sign hereinafter described, by any owner, lessee, or custodian of the property or by any other authorized person. For the purposes of this Section, the above-mentioned sign means a sign or signs posted on or in the structure, watercraft, or any other movable, or immovable property, including public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place or places where such sign or signs may be reasonably expected to be seen.
The definition goes on to state that the sign stating forbidden access to the private property must be placed in a location that can be seen by anyone attempting to gain access to the private property whether legally or illegally.
Illegal entry on or remaining after being forbidden charges are considered a misdemeanor in the state of Louisiana. However, even though it is a misdemeanor it still carries serious penalties that can drastically impair the quality of your life and the quality of life of those around you. The exact penalties defined for entry on or remaining after being forbidden charges under Louisiana law are as follows:
- Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned in the parish jail for not more than six months, or both.
A $500 fine or six months in jail may not sound like much at first, but being convicted of a crime like entry on or remaining after being forbidden charges can be included on your permanent criminal record and can also hinder your future opportunities like employment or applying for school as well.
The first step to combating illegal entry on or remaining after being forbidden charges is to reach out to an experienced criminal defense attorney who has dealt with these cases before and knows the best possible way to defend against the charges. Carl Barkemeyer is a Louisiana criminal defense attorney who has defended many entry on or remaining after being forbidden cases and has deep knowledge of the Louisiana legal system to aid you in fighting for your freedom. It is important to understand why you are being charged with the crime and Mr. Barkemeyer and his legal team can help you by looking at all of the relevant evidence and crafting a defense that could gain you a more positive result. For instance, it must be proven that there was notification of the private property forbidden access through the use of a sign or verbal warning. If not, then there is a chance you could be found innocent if you did not have intent of illegal entry or did not know it was private property. If you have recently been charged with illegal entry on or remaining after being forbidden in the Baton Rouge area of Louisiana, contact us at (225) 964-6720 to discuss your case and get legal representation immediately.
Carl Barkemeyer is a lawyer who defends clients charged with Entry on or Remaining after being Forbidden in Baton Rouge, Louisiana. This is a misdemeanor charge punishable by up to six months in parish prison. See the below statute:
A. No person shall without authority go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any structure, watercraft, or any other movable, or immovable property, which belongs to another, including public buildings and structures, ferries, and bridges, or any part, portion, or area thereof, after having been forbidden to do so, either orally or in writing, including by means of any sign hereinafter described, by any owner, lessee, or custodian of the property or by any other authorized person. For the purposes of this Section, the above mentioned sign means a sign or signs posted on or in the structure, watercraft, or any other movable, or immovable property, including public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place or places where such sign or signs may be reasonably expected to be seen.
B. Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned in the parish jail for not more than six months, or both.
Contact Baton Rouge criminal lawyer, Carl Barkemeyer, Criminal Defense Attorney at (225) 964-6720 to discuss your case.
H. Taylor - Baton Rouge, Louisiana
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