If you have been accused of trespass, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, our 22 years of legal experience can be used to protect your rights. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how prosecutors handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Whether in the Louisville area or anywhere in Kentucky, trespass generally occurs where a person knowingly and unlawfully enters or remains in a dwelling, building, or the premises of another. For the most part, these crimes are misdemeanors. K.RS. §§ 511.060-080.
Possible Defenses for Trespass
The general approach to defending trespass is to evaluate to what extent a person knowingly entered the premises of another person. We have seen cases where a person who is heavily intoxicated mistakenly enters the wrong house not realizing he is not quite home yet. It would be important to conduct a thorough investigation to prove that the person simply did not knowingly enter a neighbor’s house.
Other defenses apply as well. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced lawyer to defend you in a criminal mischief case in Louisville, Jefferson County, or across Kentucky.
Call us at 502-208-5170 in the Greater Louisville area and across the state of Kentucky.
For an initial consultation with a Louisville criminal law attorney, contact Pearson & Paris. We represent clients throughout Jefferson, Oldham, Shelby, Spencer, and Bullitt counties in such cities as Louisville, St. Matthews, Lyndon, Prospect, Anchorage, Hurstbourne, Middletown, Jeffersontown, Shively, Crestwood, Goshen, Buckner, La Grange, Simpsonville, Shelbyville, Mt. Washington and Shepherdsville.