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Entry On Or Remaining After Being Forbidden Lawyer in Louisiana

What is entry on or remaining after being forbidden?

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.

Common Example

The most common example of entering or remaining after being forbidden occurs in the bar scene. Usually, the defendant gets a little too drunk, says or does something too inappropriate for the other patrons to tolerate, the bouncer escorts him out, but he won’t leave the premises. Since he was initially allowed to be in that bar, the charge would not be criminal trespass. Since, we was later asked to leave but would not, the charge would be remaining after being forbidden. It doesn’t matter if the defendant thinks he didn’t do anything wrong. The fact that he was asked to leave but didn’t is the crime. Bars or private businesses. Customers do not have a right to be in them. The owner can ask you to leave at any time for any reason.

Nevertheless, if you think you have a bad case, we can still help. We know how to approach the prosecutor and judge to minimize the damage, keep you out of jail, and protect your criminal record. Feel free to reach out.

Penalties

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.

La RS 14:63.3 – Entry on or remaining in places or on land after being forbidden

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.

Lawyer for Entering or Remaining After Being Forbidden

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.

Contact the Louisiana criminal lawyers at the Barkemeyer Law Firm for representation.

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DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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