Trespassing Laws and Legal Help in Nevada
Many people don’t think about something like trespassing on a regular basis since most people think they are just entering what is considered a public space when entering a business.
Most people only think about trespassing when thinking of private residences.
However, when you enter what you think is a public space like a store or a casino you are in fact entering private property.
The owner of that property has the right to ask you to leave at any time or deny you entry at any time.
Have you ever seen the signs “We have the right to refuse service to anyone at any time”?
This is the business’s notification to the public that we can refuse service or ask you to leave at any time since you are on private property even though it is a public business.
If you are asked to leave a business like a casino and fail to do so you are guilty of trespassing.
Failing to leave a private residence is also considered trespassing, or entering a residence that you were expressly told not to come to is also considered trespassing.
Trespassing in Nevada is a misdemeanor for a first offense and most of the time doesn’t involve jail time, but it could if the crime becomes more serious.
If you are given a citation or arrested for Trespass in Nevada call The Defenders today for a free consultation.
What is the Definition of Trespass in Nevada
Most people think of Trespass as being on someone’s property without permission or not leaving when expressly asked too, however it can be a lot more complicated than that.
The actual definition of trespass is :
Wilfully going to someone else’s property after being warned not to by the owner or occupant.
Going to another person’s property with intent to harass the owner or occupant.
Trespass in a Public Place
Most trespassing incidents occur in public places like casinos.
Casino trespassing cases are very common in Nevada.
Most incidents occur when security has asked a guest to leave after the guest has become intoxicated or rowdy after an incident.
After being asked to leave by security the guest refuses to leave the person can be arrested or cited for trespass.
Another common incident is when a guest has already been thrown out of a casino and returns later in the same time frame.
Security has already removed the person one time so they return again security might call the police to have the person removed.
The police will remove the person and either assist them or issue them a citation for trespass.
Another common problem is when someone is asked to leave a casino and they are staying at the hotel of that casino.
In this case if you have been asked to leave a casino and you are staying there you should ask security to escort you to your room to gather your things rather than return alone and face a trespass charge.
If you are banned from one casino that is part of a company or group of other casinos you are expressly banned from all the other casinos in that group or company.
Usually there is a time period for the ban of a patron.
In some instances this is only 24 hours or until the guests can regain their composure or sober up.
In other cases this can be up to year depending on the reason for the ban from property.
If a guest was caught trying to cheat at a card game or soliciting prostitution they might be banned for a year or for life.
Being banned for life at a casino means you are black listed, this is the most severe punishment for breaking the rule but it is the right of the property or casino owner.
Other Forms of Trespass in Nevada
Besides public places like casinos other forms of trespass in Nevada include private residences or other public property.
The same laws apply if you are asked to not show up to a property or to leave a property and refuse you are guilty of trespassing.
If you are a tenant in an apartment or a condo you have the right to ask someone not to come to or enter your home even if you don’t own the property.
A land or property owner who fences in their property or marks the property with signs has an easier time of getting trespassers arrested or cited for the offense.
Nevada considers the people who occupy the marked property guilty of trespassing even if they have no knowledge that they were trespassing due to the marked property.
Restraining Orders and Trespassing
Most restraining orders or protection orders contain orders to stay away from a person for a selected period of time or a certain distance.
This includes their place of residence and their workplace.
Anyone who violates a restraining order is not only guilty of trespassing but guilty of violating the restraining order that is a separate crime altogether and can involve jail time for the defendant.
If you have a restraining order in place against you and you go to the residence or place of work for any reason you need to contact a defense attorney immediately as you could face jail time.
Call The Defenders today for a free consultation.
Defenses Against Trespassing
There are several situations where you may not be guilty of trespassing.
Some common defenses are:
- You had the right to be on the property- Casinos and shopping malls are considered public property and everyone is allowed to go unless asked to leave or not to return. Private residences, a guest needs consent of the owner prior to a person coming over. So consent is based on location.
- You had consent to be on the property- if you have been invited somewhere by the owner or occupant than you re not guilty of trespass until you are asked to leave
- Insufficient warning against trespassing- land owners are required to give significant notice that they are not allowed on the property. Significant notice means fencing, signs, natural barriers like crops on farmland and orange paint are considered proper notice against trespass.
- You were exercising your constitutional rights- this only applies to public spaces. You have the right to protest in a public area but cannot enter private property.
Why Call the Defenders
If you have been arrested for trespassing and are given a citation with a court date you should call The Defenders today for a free consultation.
We work to get your case dismissed or reduced based on evidence we find in our investigation .
We have been in Nevada for over forty years and have defended thousands of clients.
We will attend all court appearances with our clients.
Unlike a public defender who has many cases at one time, we work specifically on our clients’ cases since we have fewer clients than a public defender.
We work with the court to resolve all defendants’ cases quickly and for the best result for our clients.
