Irving, TX asked in Criminal Law and Foreclosure for Louisiana

Q: Can I get a summons for criminal trespassing and made to leave in louisiana if I own the property

About 6 month prior I sent my girlfriend to get some things from our storage building, some woman call the cops and they sent us on our way because the woman couldn't prove she owned the property. The main house was part of a foreclosure but the mobile home in the back was gifted to me by my mom since the mortgage company didn't include it into the loan. The mobile home has a different address,separate bills and there was also an driveway put down in the 80s to give access to the mobile home. We ended up after about 6 months moving back into the mobile home but after a couple months there the cops were called and even though I had my title to the home we were given 15 mins to get our things and leave and I was given a summons for criminal trespassing. I went to my court date and asked for a court appointed lawyer but the judge said the case didn't warrant me to have a lawyer n sent another date. I missed that now I have a bench warrant. Was it legal for the cops to give me the ticket?

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1 Lawyer Answer

A: Not enough information is provided to answer "was it legal for the cops to give me the ticket?" I would say that as long as the cops have a baseline believe--probable cause---that you may have committed a crime--in this case, trespass, then they are within their rights to give you a ticket. Whether you are guilty of the offense accused is a much higher burden than probable cause and that is the reason you are in court/going to court. I suggest you defend yourself---or get an attorney to defend you--especially since you now have a bench warrant. Good luck.

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