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  • Trespassing Charge

    So i am out with some friends drivning around in the back roads and went down a back mud road and when we were back there a va state trooper pulls up gets our info then writes us all trespassing charges saying it was a private road. He asked what we did in the Army we said we were all mp's and we were out just driving and we didnt see any signs saying the road was private but that didnt matter. so i have court on may 7 and hopefully this dont screw me over when looking for departments when i get out.

    i just had to rant and yes i know i should have known better
    on the job.....

  • #2
    Enter a not-guilty plea, get a pre-trial conference with the prosecuter, and explain it that way. There is a good chance he'll recommend the charges be dropped or reduced provided the road was really not posted or fenced off.
    I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.

    Douglas MacArthur

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    • #3
      Trespassing Charge

      Okay, I can't pass judgement on your innocense or guilt. Check into Virginia law regarding Trespass. It's possible that under certain circumstances it's not neccessary to post a "No Trespass" sign. Might not be a bad idea to consider the option the previous post suggested. Finally, regarding your future LE career. Don't really think this incident will be an issue, just be certain to mention it, and any disposition rendered in the case.

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      • #4
        In my state a landowner is not required to post his property. If you don't have permission to be there, stay out.

        I can't see a simple trespass as a DQ for employment.

        Go see the ADA and see what he/she might do for you. Shouldn't be a big deal and they'd probably be happy to remove you from the docket.

        Kinda hard to believe a State Trooper would write an M.P. for such a minor offense.

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        • #5
          Who is the victim? Is the property owner pressing charges?

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          • #6
            received notice to depart but failed to do so.

            Texas is big on property rights, but it is clear you must have formal Notice that you are trespassing. Im not sure there but should be similar.

            § 30.05. CRIMINAL TRESPASS[0]. (a) A person commits an
            offense if he enters or remains on or in property, including an
            aircraft or other vehicle, of another without effective consent or
            he enters or remains in a building of another without effective
            consent and he:
            (1) had notice that the entry was forbidden; or
            (2) received notice to depart but failed to do so.


            (b) For purposes of this section:
            (1) "Entry" means the intrusion of the entire body.
            (2) "Notice"means:
            (A) oral or written communication by the owner or
            someone with apparent authority to act for the owner;
            (B) fencing or other enclosure obviously
            designed to exclude intruders or to contain livestock;
            (C) a sign or signs posted on the property or at
            the entrance to the building, reasonably likely to come to the
            attention of intruders, indicating that entry is forbidden;
            (D) the placement of identifying purple paint
            marks on trees or posts on the property,
            "An officer has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the quality of his actions and the integrity of his intent."

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            • #7
              Request a pretrial diversion, if that won't fly everyone in your group retain the same lawyer, could end up being the best money you could spend.
              "I neither approve or blame. I merely relate."- Voltaire

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              • #8
                You can plea guilty, then ask that it be held in abeyance.
                I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.

                Douglas MacArthur

                Comment


                • #9
                  13 year veteran Police Officer here in Va. 18.2-119 Trespass. DH2002 Im familiar with the charge and have written it (usually when I worked in a City to get Drug Dealers who were carrying) now in the County the same rules apply but it is harder in our county courts to convict on mere postings even, that's another story. Anyway if it was posted you were in violation. If the Trooper had the direction specifically of the landowner in other words was acting as an agent for them as in the landowner told the trooper about the problems he was having with people on his property he has the authority to charge you posted or not. Usually when cops in this state work off duty overtime gigs at say a night club and they ask someone to leave and they dont they arrest for trespass posted or not. In your situation not to undermine the Trooper but the property should have been posted and it probably was you just didn't see it. I would have ran your information and held it in our computer as a warning for trespass then if you returned it would always be there that you had been forwarned then you could have been charged. But like I said if you just didnt see the signs and they were there he can charge you. Unfortunately in your endeavors since that is in this state a class 1 misdemeanor you will have to explain it in detail when you apply to be a cop conviction or not. Too bad he didnt give you a warning.
                  "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

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