Asked in Criminal Law for Tennessee

Q: Can you beat a criminal trespass charge if you was returning items that belong to property owner and you left when asked

My ex has charged me with trespassing when I returned items to her home and knocked on her door and left when she asked me to leave.

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2 Lawyer Answers
Anthony M. Avery
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Answered

A: Hire a lawyer and prepare for a preliminary hearing. But if there was a Order of Protection or a prior directive to stay away, it could be bad. Then you definitely need an attorney to stay out of jail.

James L. Arrasmith
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A: In cases involving a criminal trespass charge, the specific circumstances of the incident are crucial in determining the outcome. If you were returning items to their rightful owner and left the property when asked, these facts could be significant in your defense.

It's important to gather any evidence that supports your version of events. This might include communication records showing that you were returning items or any witnesses who can attest to your actions and intentions. Evidence that demonstrates your cooperative behavior when asked to leave can be particularly relevant.

However, the definition and interpretation of trespassing can vary, and it's important to understand how these laws are applied in Tennessee. Even if your intentions were good, if you entered the property without permission or remained there after being asked to leave, it could still be considered trespassing under the law.

Seeking legal advice from an attorney who has experience with criminal defense cases in Tennessee would be a wise step. They can provide tailored guidance based on the specifics of your situation and the local laws. An attorney can help you build a defense, navigate the legal process, and work towards a favorable outcome.

Remember, each legal case is unique, and the outcome can depend on many factors, including how the law is applied and the specifics of the incident. It's important to approach your situation with a clear understanding of your legal rights and options.

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