How to File Trespassing Charges in Oklahoma

Oklahoma law allows property owners to seek redress for trespassing offenses.

Oklahoma law allows aggrieved property owners to pursue criminal charges against offenders who have trespassed on their property. The law states that the offense may be prosecuted if the property was properly posted with a sign that clarifies that trespass is not allowed. The procedure to prosecute consists of notifying law enforcement officials and following up on the case after it has been assigned to the district attorney.

Instructions

1. Document the specifics of the case. It will be important to note the specifics of the alleged trespassing crime. Oklahoma law does contain exceptions where a person can trespass on others' property. A livestock owner is allowed to trespass on farmland if he is attempting to recover his runaway livestock, and a land surveyor can also legally trespass when in the performance of his duties. By documenting the specifics of the case, you are ensuring that the trespasser may not later assert a defense that is not based on fact. Write down the specifics and carefully note any excuse or reason the trespasser gives for his offense.

2. File a police report. In Oklahoma, the city police or the county sheriff's office are the appropriate entities with whom to file a report, depending whether your area is within municipal city limits or in unincorporated county areas.

   When you file your report, you should indicate to the law enforcement officer that you are interested in filing trespassing charges against the offenders. Ask the officer to prominently note your desire to file charges on the report. Also, ask the officer to provide you with the case number that will be assigned to your case. In the future, you will be able to reference your case with this number.

3. Contact the district attorney. After completing the investigation, the law enforcement agency will refer the case to the district attorney for possible prosecution. The case probably will be assigned to an assistant district attorney (ADA), and a decision to prosecute or not prosecute will be carried out by this person. You should contact the ADA who is responsible for your case and let the ADA know that you want to file charges. This will let the ADA know that you have an interest in pursuing the case and that you are engaged in the process.

4. Ask the assistant district attorney about restitution availability. Oklahoma law states that you have the right to know about the process for claiming restitution that may be owed to you as a result of damages that may have occurred because of the trespass.

Tips & Warnings

• Don't forget that you can always file a civil case for any damages to your property caused by trespassing. Oklahoma law states that any case filed for damages not exceeding $6,000 can be adjudicated in district court as a small claims case.

References

• Oklahoma State Courts Network: Oklahoma Statues Title 21 Section 1835
• Oklahoma State Courts Network: Oklahoma Statues Title 21 Section 1835.2
• Oklahoma District Attorneys Council: Oklahoma Victims Bill of Rights
• Oklahoma County Court Clerk: Small Claims Department

Resources

• List of Oklahoma District Attorney Offices