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Virginia Court Rules Additional Proof Needed in Prosecution for Trespassing
November 29, 2009
Topic: Virginia Legal News
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.
If you or your child has been charged with trespassing or another misdemeanor or felony criminal offense in Fairfax County, Loudoun County, Prince William County or another jurisdiction in Northern Virginia, contact a criminal defense lawyer at Manikas Law LLC. Visit our main website or call us at 703-873-7473 or 888-503-8075 | We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas | Fairfax Virginia juvenile, minor criminal defense lawyers. Serving Fairfax County, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), and other parts of Northern Virginia. (Arlington, Alexandria, Annandale, Burke, Centreville, Chantilly, Fort Belvoir, Fairfax City, Falls Church, Herndon, Burke, Vienna, Great Falls, Lake Barcroft, Lorton, McLean, Merrifield, Mount Vernon, Springfield, Oakton, Reston, Woodbridge, and other areas).
Attachments:
VASupCt-Baker.pdf
