Can my husband be convicted of trespassing?

Asked over 3 years ago - Moss Point, MS

My husband has custody of his 10 year old daughter. The weekend of opening ceremonies for softball, her Mother had weekend visitation with her. My step-daughter had 2 games scheduled. She played in her first game and then disappeared. We couldn't find her anywhere. She didn't show for her 2nd game. We called her Mother's phone several times and got no answer. We called my step-daughters phone and got no answer. We were very worried. We drove to her Mom's house and my husband got out to see if they were home. They were not and we left. We found out her Mother made skip her 2nd game and she was okay. Two months later, my husband had to go sign a signature bond for trespassing on her property. She has video of him coming and going but he did nothing wrong. Will he lose?

Attorney answers (2)

  1. Victor Wallace Carmody Jr.

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Mississippi has no requirment to post no tresspassing notices on property to warn others not to tresspass.That being said,I have no information concerning court orders between your husband and his former wife,or for child visitation.Since the child's mother had visitation that weekend it is her decision on where the child will be.Further the crime of tresspass is just a charge at this point,and a charge is not a conviction! Your husband was justified in his concern about his childs disapperance,and while his actions may be warranted,he will still have to go to court and defend his tresspassing chrge.He should consult with a criminal defense lawyer today and not try to repsent himself.Good Luck!!


    Victor Carmody

    Legal disclaimer: This communication is for informational purposes only, and does not establish any attorney-... more
  2. S K Mohel

    Contributor Level 4

    Answered . In New Jersey, he wouldn't. The property is neither fenced nor marked with no trespassing signs. Presumably, he has never been advised not to go on the property. As such, he does not appear to have the requisite intent to violate a trespassing statute.

    However, this would be the likely outcome in New Jersey. I am unfamiliar with Mississippi law and qualify this answer with that in mind.

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