Trespassing Charges for Minors in Greater New Orleans

As a parent or legal guardian, you do your best to keep your children out of trouble. Getting a phone call from a police officer informing you that the minor in your custody has been arrested for criminal trespass is one of the scariest things a parent or guardian may have to endure. But you’re not alone—many kids and even some adults end up facing these charges, and the right New Orleans criminal defense lawyer can help you navigate trespassing charges for minors and adults alike.

Because children and teens tend to be curious by nature, they sometimes find themselves in places where they don’t necessarily belong. There is a wealth of data indicating that teenagers in particular are prone to risk-taking behavior, even when they also engage in positive behaviors, such as achieving high grades in school, spending time with family, and getting involved in extracurricular, community, or religious activities. When minors go exploring on property where they shouldn’t be, they could be caught and charged with criminal trespass.

There are several things you can do to help your child’s situation as their parent or legal guardian. Among the most important is to arm yourself with an understanding of what you need to do next. Learn how to handle trespassing charges for minors and even adults in Greater New Orleans today.

As a law office that has served Greater New Orleans for over 22 years, this is a question we are frequently asked by those facing criminal trespassing charges.

Criminal trespass is a misdemeanor in Louisiana, and it could mean a lot of different things. Although it’s common knowledge that criminal trespass includes entering a premises or a business without permission or authorization, not many people know it also applies to structures and vehicles. This includes boats, cars and other vehicles, and abandoned buildings.

Criminal trespass also doesn’t apply exclusively to breaking and entering. If someone asks you to leave their property—whether it be a car, boat, business, or home—and you either refuse to leave or return and re-enter, you could be charged with criminal trespass.

Criminal trespass is a violation of § 54-153 of the New Orleans Municipal Code, which states:

(a) No person shall without authorization intentionally enter any structure, watercraft, or movable.

(b) No person shall intentionally enter immovable property owned by another:

(1) When he knows his entry is unauthorized, or

(2) Under circumstances where he reasonably should know his entry is unauthorized.

There are two built-in defenses that are included in the New Orleans criminal code. They specify that criminal trespassing charges for minors or adults can be refuted if “the person was unarmed and entered immovable property for the sole purpose of retrieving a dog or livestock” or if you can “show that property was not adequately posted,” meaning there wasn’t any appropriate indication that the property in question was private.

Criminal trespass is an enhanceable offense, meaning the penalties become more serious with each subsequent conviction. This makes it even more important to get trespassing charges for minors and adults alike dismissed.

According to § 54-153 of the New Orleans Municipal Code, the charges for criminal trespass are as follows:

(h) Whoever commits the crime of criminal trespass shall be fined not more than $500.00.

(i) Violations for convictions subsequent to a first conviction for the violation of this section shall be as follows:

(1) Upon a second conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be imprisoned for not more than six months, or shall be fined not more than $500.00, or both.

(2) Upon a third or subsequent conviction, whether trespass has been committed in each previous offense upon land belonging to the same landowner or landowners, regardless of the time sequence of the occurrence of the offenses, the offender shall be imprisoned for not more than one year, or shall be fined not more than $1,000.00, or both.”

These penalties apply to trespassing charges for minors as well as adults in New Orleans. Until recently, New Orleans police have had the option to issue warnings or summonses instead of arrests for adult trespassers, but not minors. Fortunately, a new ordinance went into effect in New Orleans that gave NOPD officers the right to issue a warning to juveniles on their first offense rather than arrest them and take them to a detention center.

Among the 11 misdemeanors that are covered by the new law, criminal trespass is one of them, according to an article from Nola.com . This is welcome news for parents and guardians all throughout Greater New Orleans, because it allows our children to learn from their mistakes without having to be traumatized by the experience of being arrested at a young age. It also ensures that their records are kept clean, which will help them immensely in their future lives.

However, if a minor commits criminal trespass more than once, they may be subject to charges, fines, and time in a juvenile detention center.

If your child is only issued a warning for criminal trespassing in Greater New Orleans, then there is no need to hire an attorney.

However, if a minor is caught trespassing a second or third time, or if an officer elects to arrest a minor rather than issue them a warning, then your best option is to secure the services of an experienced attorney as soon as possible.

After getting charged with criminal trespass, your child may either receive a court summons or be arrested and brought to jail. The worst thing that you can do as a parent or legal guardian is to ignore that summons and hope the issue will not be brought up again. Failure to respond to the summons will cause the judge to attach an arrest warrant to your minor’s case, and they will face much more serious charges.

This is why it’s vital to hire an experienced criminal defense attorney to handle trespassing charges for minors and achieve the best result possible for their case. The wrong outcome could result in a hefty fine or even time in a juvenile detention center for your minor.

If found guilty of criminal trespass, a minor could also have a misdemeanor on their public record . This misdemeanor will appear on all rudimentary background checks, including ones required for job applications, internships, leases, and professional licences. This will have a negative effect on their ability to take full advantage of life’s opportunities in the future.

The Law Office of Lance J. Robinson has represented clients in New Orleans and the surrounding parishes for over 22 years. No matter the size of the case or the severity of your trespassing charges, our law office is dedicated to getting the charges reduced or dismissed entirely. Our comprehensive, aggressive approach is designed to create the best outcome for you or your child.

Once you secure our professional legal assistance, we will:

• Request a copy of the police report to look for inconsistencies that could lead to a dismissal of the case.
  
• Review the case to see if the defendant actually violated any city or state laws and if the arresting officer followed the law as well.
  
• Appear on behalf of our client in court and enter a plea of not guilty. Your attendance may not even be necessary, and you'll have peace of mind knowing your case is in the hands of a capable attorney while you're free to continue living your life.
  
• If the charges aren't dropped or reduced to your satisfaction, we'll build an aggressive and thorough defense .
• After the whole process is complete, we will expunge the misdemeanor from the public record, so our client can start fresh with a clean slate.

The legal systems in New Orleans and Louisiana can be complicated, and what you don’t know could harm your case. Whether you or your child has been charged with criminal trespassing, it is important to retain the services of a lawyer with a proven track record.

If you or a minor under your custody are facing criminal trespass charges, you must act quickly to avoid fines and jail time. Let our 22 years of experience in the New Orleans and Louisiana legal systems work for you. We have helped hundreds of clients beat criminal trespass charges and walk away from the experience with a clean slate.

Call us immediately at (504) 465-0101, text us at (504) 427-6210, or fill out our contact form online for a free and confidential consultation.