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Virginia Court Rules Additional Proof Needed in Prosecution for Trespassing
November 29, 2009
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November 29, 2009
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Virginia Court Rules Additional Proof Needed in Prosecution for Trespassing
November 29, 2009
In the case of Baker v. Commonwealth, the Virginia Supreme Court ruled that in a trespass prosecution, proof of the existence of two "no trespassing" signs on the property alone was insufficient to satisfy the elements of trespass set forth in Code § 18.2-119. Without evidence that a "no trespassing" sign was posted by one of the enumerated persons authorized by the statute to prohibit entry upon the property, the Court ruled that the Commonwealth failed to put on sufficient evidence of the defendant's guilt. Therefore, the Court reversed the judgment of the Court of Appeals, and vacated the trespassing conviction under Code § 18.2-119.
Attachments:
VASupCt-Baker.pdf
Fairfax Virginia Juvenile Criminal Defense Lawyers Attorneys
November 29, 2009
If your juvenile son or daughter is facing a criminal charge or criminal traffic offense in Fairfax County or another jurisdiction in Northern Virginia, we can help. Attorney Kyle G. Manikas is a former prosecutor & experienced and aggressive defense attorney who can provide a vigorous defense on your child's behalf.
