5 Ways to Avoid Trouble with the Law this Halloween

Posted By David L. Carlson, Attorney At Law || 7-Oct-2016

Police records have indicated that on October 31, crime rates tend to spike, more so than any other holiday. No matter if you are after Tricks or Treats, no one wants to have their Hollow’s Eve ruined by an arrest and criminal charges. Our Richmond criminal defense attorneys share some ways that you can avoid getting into trouble this Halloween.

5 Mistakes that Can Get You into Trouble on Halloween:

  1. Wearing a mask. Halloween is the best time of the year to don a costume and persona for a night of fun. But that “fun” can come to a quick halt when the law gets involved. If you are arrested or commit a crime while wearing a mask, you can be in even more trouble than if your face had been showing. According to Virginia law, people over the age of sixteen are not allowed to wear a mask, hood, or another garment that conceals their face on private property without the consent of the owner. The violation constitutes as a Class 6 felony, so think twice before masking-up.
  2. Drinking and driving. Holidays have a tendency to attract drunk driving, and Halloween is no exception. If you attend a Halloween party and decide to drink, make sure you have a ride home or a place to stay the night. The penalties for a DUI can be incredibly steep, including punishments like jail time, expensive fines, and a driver’s license suspension.
  3. Trespassing. Hollow’s Eve is usually met with some amount of teen mischief and angsty activities, such as pumpkin smashing, teepeeing, egging homes, etc. Just because it happens doesn’t mean that you should participate. If you trespass onto someone’s property to cause some mischief, you can get into some serious trouble.
  4. Sexual assault. It is a sad reality that some drunken revelry at a Halloween party can also be followed by a sexual assault lawsuit. We can’t stress enough the importance of not hooking up without consent. Even if he or she “seems to be interested,” if they are drunk or unable to state consent don’t do it.
  5. Not abiding by sex offender laws. If you are a registered sex offender in Virginia, there are certain regulations you must adhere to. If you are still under supervision, you cannot participate in Trick-or-Treat activities, and you must turn your lights off and not open the door. On Halloween night, the Virginia Department of Corrections Probation and Parole will be working with the Virginia State Police Sex Offender Investigative Unit to ensure that all supervised sex offenders are abstaining from participation. If you violate these rules, you can find yourself in a lot of trouble.

If you have been arrested in Richmond on Halloween, don’t panic. Our Richmond criminal defense lawyers can help defend your rights and reputation. Call our office to learn more!

Categories: Criminal Defense
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