Trespass or Mischief Charges

Trespass charges are one of the most overused and abused charges that police use. They can over-patrol an area, often poor or racially discriminated areas, expecting to make drug arrests.

When they don’t find drugs or other criminal activity, they will often arbitrarily arrest for criminal trespass or mischief. These charges have very specific requirements, like the notice requirement or your status as to the property in question, that must be specifically adhered to by police and the state must be able to prove them beyond a reasonable doubt. From 2014-2015, the most recently analyzed data, Harris County arrested our black population for 60% of the trespass cases. The Harris County black population made up only 20% of the total population over the same period. To make matters worse, a simple trespass charge can be classified by police as a “gang crime.” There are some biases going on here. Drew Willey Law has a comprehensive knowledge of all the issues at play for these charges. You should call us if charged with criminal trespass or mischief.