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In Virginia, trespass (Va. Code § 18.2-119) is a crime against the property rights of another. It is punishable by up to 1 year in jail and a $2,500.00 fine. For a person to be guilty of trespass, he must be on the property of a person who has lawful possession of the property. In addition, the person in possession of the property must have indicated to the trespasser that he or she was not to enter the property either orally, in writing, or through the use of a sign.
In Virginia, the person providing the no trespass notice does not necessarily have to be the owner of the property, but only needs to be in lawful possession of the property. In other words, a person renting property has the right to keep trespassers off their property.
First Time Offender Program
Some counties in Northern Virginia allow a defendant who is charged with a first time trespass offense, may have the charges dismissed if the defendant complies with certain requirements. These requirements generally include the following:
Why Should I Consider Not Taking Advantage of the First Offender Program?
The First Offender Program is a great program for defendants to take advantage of if they know they would be found guilty of the offense. In order to know whether to take the First Offender program, it is important to speak with an attorney as taking this route may not always be the best result for your particular circumstances. For example, you should probably not enroll in the program if:
What should I do if I am charged with Trespass in Virginia?
Trespass is a serious offense and will likely make getting a job, security clearance, and other goals far more difficult to accomplish. It is critical that you have legal representation from the outset of the process. Please call Noorishad Law, P.C. today at 703-542-4500 to schedule an appointment with Mr. Noorishad to discuss your particular case and potential defenses you may have in fighting your charges.
In Virginia, the person providing the no trespass notice does not necessarily have to be the owner of the property, but only needs to be in lawful possession of the property. In other words, a person renting property has the right to keep trespassers off their property.
First Time Offender Program
Some counties in Northern Virginia allow a defendant who is charged with a first time trespass offense, may have the charges dismissed if the defendant complies with certain requirements. These requirements generally include the following:
- Defendant has never been found guilty of a trespass and has never enrolled in the First Offender program for trespass;
- Defendant pleads guilty, no contest, or facts sufficient for a finding of guilt for trespass;
- Defendant must comply with all conditions of probation;
- Defendant must pay the court costs associated with the case; and
- Defendant must be of general good behavior for a period of at least six months with no violations of law during this period of time.
Why Should I Consider Not Taking Advantage of the First Offender Program?
The First Offender Program is a great program for defendants to take advantage of if they know they would be found guilty of the offense. In order to know whether to take the First Offender program, it is important to speak with an attorney as taking this route may not always be the best result for your particular circumstances. For example, you should probably not enroll in the program if:
- You are not guilty of the offense: You will need to speak with an attorney before reaching this conclusion as there may be potential suppression defenses or other technical legal defenses which you may not be aware of which may help you win your case. This is particularly important in cases where the Defendant knows they may be charged again in the future and may not want to use their "first offender" pass on a case they may win, particularly since multiple offenses will raise the penalty to a Felony offense with mandatory minimum jail time.
- Severe immigration consequences: If you are not a United States citizen, it is extremely important to speak with an attorney before entering into the First Offender program as entry into the program may be viewed as a guilty plea for purposes of immigration and may subject you to deportation or removal proceedings.
- You are already on probation for another charge: By entering into the First Offender program, you may be violating the terms of your probation which could cause you get a probation violation charge.
What should I do if I am charged with Trespass in Virginia?
Trespass is a serious offense and will likely make getting a job, security clearance, and other goals far more difficult to accomplish. It is critical that you have legal representation from the outset of the process. Please call Noorishad Law, P.C. today at 703-542-4500 to schedule an appointment with Mr. Noorishad to discuss your particular case and potential defenses you may have in fighting your charges.
