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What to expect in court for trespassing

 
 
Reply Thu 3 Aug, 2017 03:13 am
My boyfriend, my cousin, and myself were exploring an amusement park near us that has been shut down for a few years. We got in through a hole in the fence surrounding the park. I'm sure there were signs, i do think I saw one myself, but it was dark and I wasn't paying much attention. We weren't vandalizing or stealing anything (I realize this doesn't negate the trespassing, im just adding that those weren't our intentions.) A cop showed up (as well as two more during the course of the conversation) and asked what we were doing there, we explained that we were just exploring, and that I'd grown up going to this park and we just wanted to visit. They seemed to believe that we weren't doing anything wrong, but still said that they'd need to send us a court summons in the mail. I'm pretty sure he used the phrase 'criminal trespassing'. We were compliant the entire time and everything went as smoothly as I suppose it could've gone. We didn't get cuffed or anything like that and he let us drive home. From what I've read online, I think that worst case I'll probably get just fined, since this is my first encounter with the law, and also because there were no signs of us doing any damage or stealing. I'm mostly worried because my boyfriend was recently in some trouble for drugs. He is currently 'provisionally guilty' until he completes classes. I don't see how these things would have anything to do with each other, but I don't really know how it would go legally. If it matters, the park is located in Ohio but my boyfriend and I live in Pennsylvania, which is where the summons will be sent. The officer said we can probably call to have the location of the court moved closer to us.
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Type: Question • Score: 0 • Views: 367 • Replies: 5
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jespah
 
  2  
Reply Thu 3 Aug, 2017 08:27 am
@beeh1126,
It's criminal trespass, yep.

And you're right that your boyfriend has more to worry about than you do. He should be getting a lawyer if/when the summons really does come although it would probably be okay for you to either share his lawyer (you can because you have the same interests in this matter and there is no conflict) or handle this matter yourself if you don't mind traveling and/or making a lot of phone calls.

If you do represent yourself, always wear nice, conservative clothes to court. Suit, modest dress, that sort of thing. It's not the place for shorts or halters or jeans. Consider it the kind of thing you'd wear to church or a funeral or a job interview. If you don't have anything like that, then go with something like chinos, decent shoes (no sneakers and no sandals), and a not too low-cut blouse without decoration (so, not a band tee shirt or a tube top, you get the idea). Cover tattoos if you can, and don't go nuts with either jewelry or makeup. I'm not kidding; err on the side of conservatism whenever you go to a courtroom to do work.

For your boyfriend (and for you if you want to share), try to get a lawyer admitted in both states as that will be easier all around. A lawyer can get what's called pro hac vice acceptance for one case, but that's motion practice and it's court costs and, most importantly, it takes a few months or so to get it sorted out.

Your lawyer will be able to get the venue changed and probably argue down the offense. It's likely to be a fine and there may not be much lower it can go. But a lawyer (a few hundred bucks, most likely) will be worth it for your boyfriend, who has a lot more at stake than you do.

And next time, if you want to visit an amusement park, do it when they're open and walk in and pay an admission fee like everybody else does.
beeh1126
 
  1  
Reply Thu 3 Aug, 2017 08:46 am
@jespah,
I guess I didn't mention the place is abandoned. That's why we went in. It's a place I visited a lot when I was little (when it was open) and it's actually a very common place in the area for people to go into and take pictures. I'm aware that it is still trespassing. I know that. I'm just explaining the situation. The officer actually explained to us that the reason why they have to be so strict is because people have been coming in to steal copper, and obviously we weren't doing that. We weren't arrested or even detained, they literally just let us drive home. I'm honestly very ignorant when it comes to legal things...would I just be able to use the public defender since it's such a minor case? My boyfriend already has a lawyer and is going to contact him once we receive the summons.
jespah
 
  2  
Reply Thu 3 Aug, 2017 08:56 am
@beeh1126,
The public defender is for criminal matters when you don't have the bucks to defend yourself. They are swamped and there is a priority. Those folks will be defending murder cases long before they get to you.

It's very possible that you never get the summons, by the way, or at least you don't but your boyfriend does. Any trouble he's been in is recorded so the Ohio cops will have done a search. He's more of a target than you are.
beeh1126
 
  2  
Reply Thu 3 Aug, 2017 09:03 am
@jespah,
Okay. And I wasn't aware of that. But okay. Thank you for your help.
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PUNKEY
 
  1  
Reply Fri 4 Aug, 2017 02:05 pm
I wouldn't be surprised if you really got a stern warning and got on your way.
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