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Mon 31 Mar, 2014 03:33 pm
A friend and myself were on private property that had NO SIGN, no locked gate, no damage done and no one was hurt . I was there to take photos of an old building. Also the state I am in, New Mexico, has certain laws that the sign must be, if not it is considered a misdemeanor for not having a LEGAL sign. Now, when we left the property, the guy followed us until police arrived. They took our info and now we are due to go to court for criminal trespassing.
My question is can I sue him? Had he followed the State law, I would not have been on his property, nor would I be going to court. I was wondering what can I sue him for, if possible? Harassment for following us, his lack of responsiblity to follow the law as well, what about missed wages from work? any info will help!
@Sara1290,
What is wrong with presenting your side of the story at your court date?
If you were taking photos, you'll have evidence that there were no posted signs that you can show the judge.
@Butrflynet,
I agree yet states have different laws. In WA, a simple answer is if it is my property or I represent the property and I tell you to leave and you don't, I will call the police and they will ask you to leave. If you refuse, then they make you leave with a citation.
@trying2learn,
Same in New Mexico, I'm pretty sure. But, if it's not signed, it only becomes trespass after you've been told to leave.
@Sara1290,
Sara1290 wrote:
A friend and myself were on private property that had NO SIGN, no locked gate, no damage done and no one was hurt . I was there to take photos of an old building. Also the state I am in, New Mexico, has certain laws that the sign must be, if not it is considered a misdemeanor for not having a LEGAL sign. Now, when we left the property, the guy followed us until police arrived. They took our info and now we are due to go to court for criminal trespassing.
My question is can I sue him? Had he followed the State law, I would not have been on his property, nor would I be going to court. I was wondering what can I sue him for, if possible? Harassment for following us, his lack of responsiblity to follow the law as well, what about missed wages from work? any info will help!
Unfortunately despite there might be a requirement for a property owner to post keep out signs, I bet the judge will ask you if you have permission to be on the property. (probably after asking you if you knew it was private property). Both questions are to entrap you into admitting guilt. The first for knowing it was private property and the second for a violation of trespassing.
You technically don't have any legal obligation to answer either one, but if you don't he will probably just get mad and fine you anyways. He is there to collect tax money to pay for his salary and the officer's who had to respond to the call. If he lets you go without a fine, well the city just lost a chance at paying someones daily pay.
@roger,
What is not signed? The property?
@trying2learn,
Yes. They have to tell you by way of sign that your intrusion is not allowed. Alternatively, they can tell you in person. Only then can it be considered to be trespassing.
@Krumple,
Krumple wrote: He is there to collect tax money to pay for his salary and the officer's who had to respond to the call. If he lets you go without a fine, well the city just lost a chance at paying someones daily pay.
Really? Do you think they care? Oh btw the next ticket my other 1/2 writes I get a tv....jk
@trying2learn,
trying2learn wrote:
Do you think they care? Oh btw the next ticket my other 1/2 writes I get a tv....jk
Yes. When california was going through the first waves of financial issues I remember reading a report that was saying many of the cities were relying heavily on revenue generated by traffic and other violations to maintain city services. Without this revenue the cities would have to lay off officers and judges. So the report said many officers are pressed to give out violations for first time offenders and judges the same. It made me wonder just how wide spread this is.
@Sara1290,
These seem to be the relevant statutes from New Mexico I see nothing stating it is a misdemeanor to not have signs. If the signs were not posted and he asked you to leave there is no crime if you left right away.
Quote: 30-14-6. No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.
A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.
Quote: 30-14-1.1. Types of trespass; injury to realty; civil damages.
A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.
B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.
C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.
You are free to sue anyone over just about anything in the USA. Whether it is a good idea to sue is something else entirely. Why do you want to sue? Just because you are angry?
Without the signs, unless he called the police more than once about your refusal to leave it's his word against yours as to how quickly you left. I would speak to the prosecutor before your court date. Explain the situation. Without evidence you clearly violated the law, they won't want to pursue the case. It's a waste of their time as well as yours. Many prosecutors will just agree to drop the charges.
@Krumple,
Don't believe everything you read. I am still waiting for that tv...jk
@trying2learn,
trying2learn wrote:
Don't believe everything you read. I am still waiting for that tv...jk
some children in china are assembling it as we speak..
@Krumple,
Krumple wrote:Yes. When california was going through the first waves of financial issues I remember reading a report that was saying many of the cities were relying heavily on revenue generated by traffic and other violations to maintain city services. Without this revenue the cities would have to lay off officers and judges. So the report said many officers are pressed to give out violations for first time offenders and judges the same. It made me wonder just how wide spread this is.
I get what you are writing. Pressed how?
@trying2learn,
trying2learn wrote:I get what you are writing. Pressed how?
Pressed by their superiors to give citations. I can only guess at what the statements would be like. They could be specific or vague. All I am saying is what I remember from the report.
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