Grand Prairie, TX asked in Criminal Law and Landlord - Tenant for Texas

Q: So a while back i evidentally was trespassed from a residence from which i was living.

So a while back i evidentally was trespassed from a residence from which i was living. I then, couple weeks after that, i was welcomed back to the residence. Shortly after that i went to jail on an untelated charge that i was released from 3 months later. I then went back to that residence just to have one of the occupants call the police on me bc they simply didnt want me there. My question is this, since i was welcomed back into the home some months ago shouldnt that negate the original trespassing issue? Mind you, i never signed anything or recieved any sort of legal document saying i was trespassed from that home. Another fact, i had keys to the residemce and i still have my mail going there.

2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: More particular facts are required but from what you describe, the trespass charge is not "negated". Calling an attorney would help. good luck

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: An eviction is required to get rid of an actual resident, a trespass warning isn't good enough, even if the person has no lease. So, if you were a resident when the warning was giving, it might have been void from the start. Whether or not the place was your residence is a fact issue for trial. Your status as a resident certainly wouldn't get any better after 3 months away, and is obviously worse now than ever. I wouldn't go back at this point but I wouldn't just take a plea on the criminal trespass without discussing the matter privately with my attorney, including the validity of the original warning.

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