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Rhode Island Trespassing Lawyer

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Rhode Island Trespassing Attorney

Trespassing is more common than you think. That is because it is a crime that many people do not fully understand. Trespassing is a very overlooked crime that can be committed in various ways.

For instance, trespassing charges usually occur after someone has been “banned” from an establishment. In that scenario, a classic example of trespassing would be returning to an establishment such as a club, restaurant, or bar after being asked to leave or not return.

Most people do not fully understand the crime of trespassing or how being charged with trespassing can affect their lives. Therefore, you should contact an experienced Rhode Island Criminal Defense Attorney to help if you have been charged with trespassing.

Ellison Law LLC has experienced Trespassing Lawyers with years of criminal defense experience. If you contact Ellison Law LLC, they will use these experiences to help you fight the allegations against you.

WHAT IS TRESPASSING IN RHODE ISLAND?

The law defining trespassing reads, “every person who willfully trespasses or, having no legitimate purpose for his or her presence, remains upon the land of another or upon the premises or curtilage of the domicile of any person legally entitled to the possession of that domicile, after having been forbidden to do so by the owner of the land or the owner’s duly authorized agent or a person legally entitled to the possession of the premises, shall be punished.” Rhode Island General Laws 11-44-26.

In plain terms, that means entering and/or refusing to leave another person’s property without a legitimate reason after that other person told you to leave or not enter the land.

WHAT ARE THE ELEMENTS OF TRESPASSING IN RHODE ISLAND?

  1. The owner of the property made it known that they did not want people on their property or asked you to leave
  2. You entered the property or refused to leave the property, and
  3. You did so willingly

WHAT IS PROPERTY?

Property can mean many things. However, in most scenarios, property most likely means land or a building that does not belong to you.

HOW CAN SOMEONE “MAKE IT KNOWN THAT THEY DO NOT WANT PEOPLE ON THEIR PROPERTY?”

A classic example of this would be a “NO TRESPASS” sign posted near the entrance of the land or building. Another frequent example of this could be if you have personal interactions with someone, and through those interactions, they told you they did not want you on their property. Another could be if the police serve you with a no trespass notice.

WHAT IF THEY INVITED ME TO THEIR HOME BUT LATER ASKED ME TO LEAVE?

This is another classic example of trespassing. When you were invited to that person’s home, they consented to you being in their home. Thus, you can view that invitation as their consent. Consent, like an invitation, can be rescinded at any moment.

Therefore, despite that person inviting you to their home and consenting to you being there, the minute that person asks you to leave, refusing to do so may result in a criminal charge levied against you. This is because the minute that person asked you to leave, they rescinded that invitation, and you are therefore on their property without their consent.

WHAT ARE THE CRIMINAL PENALTIES FOR TRESPASSING IN RHODE ISLAND?

If you are found guilty of trespassing, you may:

  1. Be fined up to $1,000
  2. Imprisoned for up to one year, or
  3. Both a fine and imprisonment.
  4. Potential probation
  5. Potential criminal conviction

Please note that these penalties are for trespassing. Domestic trespassing is a similar crime but differs because of your relationship with the person whose property you trespassed. Therefore, trespassing and domestic trespassing have different penalties. For those penalties, see our Domestic Violence page.

WHAT SHOULD I DO IF I HAVE BEEN CHARGED WITH TRESPASSING IN RHODE ISLAND?

As mentioned above, trespassing is a very common crime that is not fully understood. Due to that lack of understanding, many people either do not take a trespassing charge seriously or believe that they will experience no harm as a result of a trespassing criminal charge. That is not accurate because trespassing is a crime with criminal penalties.

Therefore, even if you feel you did nothing wrong, you should get legal assistance. Thus, the first thing you should do is contact an experienced Rhode Island Criminal Defense Attorney like the lawyers at Ellison Law LLC.

Once you have contacted Ellison Law LLC, they can look at the facts of your case and come up with the best strategy for you. Therefore, the best thing you can do is contact Ellison Law LLC for legal representation today at 401-230-5520.

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

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Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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