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Can trespassing charges be dropped if proof of prejudice

Martinsville, VA |

My ex-girlfriend mom puts a trespassing warrant on me just to keep me away from her daughter i never hit my ex or hurt her at all i didnt destroy the property and never put anyone in danger im just the wrong skin color.

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Attorney answers 2


An owner of a private residence does not have to allow anyone on his/her property for any reason or no reason at all. If you entered the property without permission or after being told you no longer had permission, and you did then enter, you may be charged with trespassing. Skin color is not a defense in the facts you described above. There is no law prohibiting people from having personal prejudices as we all have some. There are laws that prevent certain actions based on certain prejudices but simply not wanting you on her property because of your skin color is not going to make the courts require her to allow you free access to her personal property. Good Luck!

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.


The mom may issue a no-trespass notice on anyone she chooses regardless of her reasons. Based on your question, it appears that she actually filed a criminal charge against you. You should consult with an attorney to determine if she followed the statute requirement on the notice that you were given, if any.

Good luck.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Any response is intended solely to give you limited, yet, general information on the issue presented. Buta Biberaj of Biberaj & Snow, PC is licensed to practice law in New York, Maryland and Virginia. Her offices are located in Leesburg, Virginia.

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