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UER Forum > Archived Rookie Forum > Trespassing Summons (Viewed 990 times)
glossolalia 


Location: New York City
Gender: Female




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Trespassing Summons
< on 8/12/2013 6:29 AM >
Posted on Forum: UER Forum
 
My friend and I got caught today trespassing in an abandoned warehouse. The security guard saw our flashlights on an upper floor.

We were caught outside of the warehouse, but it was still private property. The property owners and security guard called the police, who wrote us summonses. We denied ever having been in the building itself, and made up a story about being dared to wade in the canal. The cop somehow bought this, and told us he really didn't want to write us up at all, but the property owners were "overzealous".

I live in New York City. I'm 18 and have no criminal record.

Any advice? How does the court proceeding work? Any advice would be greatly appreciated.

it's darker later than it was at first
Rinzler 


Location: New Jersey


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Re: Trespassing Summons
<Reply # 1 on 8/12/2013 7:58 AM >
Posted on Forum: UER Forum
 
You can either go to court and plead not guilty or just pay it. You havent been convicted of a crime, nor have a criminal record now. Its just a township ordinance ticket. Its basically the same kind of ticket you would get for drinking on a beach, open container, etc....

If you go to court and plead not guilty they will probably lower it to a lesser charge but you will probably have to pay more in fees. But if the police officer cut you a break already, he may not cut you another one.

If you plead guilty and pay the fine/ticket its not really a big deal. I actually have the same ticket on my record from another state and got hired at a police department near me. So that shows how much that ticket is cared about. When i told them what it was and where i got it, they didnt care at all. They actually googled the place and now understand why i went haha.

Its basically looked at like a parking ticket. They'll ask you about it, but will they really care? Probably not. Now if you get tickets over and over, it'll be looked at more thorough than just getting it once.

Hope this helps.

spitcool 


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Re: Trespassing Summons
<Reply # 2 on 8/12/2013 11:55 AM >
Posted on Forum: UER Forum
 
Like Rinzler said, if you go to court it's quite possible you'll pay more in fees than actually just paying the fine itself. Having received one of these before for non-urbex, it cost me $45 when i just paid it, and if i would have gone to court (assuming the charge were thrown out) it would have cost me $72 in court costs/fees.



fiftyone_eggs 


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Re: Trespassing Summons
<Reply # 3 on 8/12/2013 2:40 PM >
Posted on Forum: UER Forum
 
I always say that if you got the time, go to court and plead "not guilty". It's worth a shot. You will likely get a reduced charge and higher fine. Here in Jersey, a trespassing ticket is a disorderly persons offense which is like getting arrested for fighting or public drunkenness - which is not a felony but also not the greatest thing to have on your record. Though not a serious offense, it could bite you if sometime in the future you need some level of security clearance for work etc.

glossolalia 


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Re: Trespassing Summons
<Reply # 4 on 8/12/2013 4:40 PM >
Posted on Forum: UER Forum
 
Posted by Rinzler
You can either go to court and plead not guilty or just pay it. You havent been convicted of a crime, nor have a criminal record now. Its just a township ordinance ticket. Its basically the same kind of ticket you would get for drinking on a beach, open container, etc....

If you go to court and plead not guilty they will probably lower it to a lesser charge but you will probably have to pay more in fees. But if the police officer cut you a break already, he may not cut you another one.

If you plead guilty and pay the fine/ticket its not really a big deal. I actually have the same ticket on my record from another state and got hired at a police department near me. So that shows how much that ticket is cared about. When i told them what it was and where i got it, they didnt care at all. They actually googled the place and now understand why i went haha.

Its basically looked at like a parking ticket. They'll ask you about it, but will they really care? Probably not. Now if you get tickets over and over, it'll be looked at more thorough than just getting it once.

Hope this helps.


Thanks so much. This really helps. I'm gonna plead guilty and just pay out whatever fine it is. The cop said last night that the judge we're going before is rarely punitive, and I have the fact that I look very young and innocent on my side, lol.

it's darker later than it was at first
blacklines 


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Re: Trespassing Summons
<Reply # 5 on 8/13/2013 4:02 AM >
Posted on Forum: UER Forum
 
Also, don't go asking for legal advice on a public forum where in your post you admit that you made up a bullshit story and fed it to the police--not that its likely that it will come up, but if it does, it won't help you any.

glossolalia 


Location: New York City
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Re: Trespassing Summons
<Reply # 6 on 8/13/2013 4:38 AM >
Posted on Forum: UER Forum
 
Posted by blacklines
Also, don't go asking for legal advice on a public forum where in your post you admit that you made up a bullshit story and fed it to the police--not that its likely that it will come up, but if it does, it won't help you any.


fair point, but honestly i'm not going to trial or anything. worst that can happen is that i pay a fine.

it's darker later than it was at first
Ricky_from_TV 


Location: Peterborough, Ontario
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Re: Trespassing Summons
<Reply # 7 on 8/13/2013 5:25 PM >
Posted on Forum: UER Forum
 
Posted by glossolalia


fair point, but honestly i'm not going to trial or anything. worst that can happen is that i pay a fine.


If i'm not mistaken lying to a police officer is a crime - even if it isn't it's still something i would shy away from admitting to.

When Caught Always, Always Use the Jim trick.
Rinzler 


Location: New Jersey


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Re: Trespassing Summons
<Reply # 8 on 8/13/2013 8:16 PM >
Posted on Forum: UER Forum
 
Posted by Ricky_from_TV


If i'm not mistaken lying to a police officer is a crime - even if it isn't it's still something i would shy away from admitting to.



It is. You can be arrested for it. The officer may let you off with a False Information ticket(township ordinance) depending how he feels that night but most of the time if they think youre lying, you will be arrested.

Ricky_from_TV 


Location: Peterborough, Ontario
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Re: Trespassing Summons
<Reply # 9 on 8/13/2013 8:29 PM >
Posted on Forum: UER Forum
 
Posted by Rinzler



It is. You can be arrested for it. The officer may let you off with a False Information ticket(township ordinance) depending how he feels that night but most of the time if they think youre lying, you will be arrested.


It almost always ends better if you're just upfront and honest about what you're doing.

When Caught Always, Always Use the Jim trick.
rob.i.am 


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Re: Trespassing Summons
<Reply # 10 on 8/17/2013 1:13 PM >
Posted on Forum: UER Forum
 
Posted by Rinzler
got hired at a police department


Cop.

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Evilbunny 


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Re: Trespassing Summons
<Reply # 11 on 8/17/2013 1:48 PM >
Posted on Forum: UER Forum
 
Posted by rob.i.am


Cop.


Shit = no.

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DevilC 


Location: Washington, District of Corruption
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Re: Trespassing Summons
<Reply # 12 on 8/17/2013 2:53 PM >
Posted on Forum: UER Forum
 
Yep.
Do that.
PLEASE speak to an attorney before you go.
It is worth the $ to keep your clean record.

Posted by fiftyone_eggs
I always say that if you got the time, go to court and plead "not guilty". It's worth a shot. You will likely get a reduced charge and higher fine. Here in Jersey, a trespassing ticket is a disorderly persons offense which is like getting arrested for fighting or public drunkenness - which is not a felony but also not the greatest thing to have on your record. Though not a serious offense, it could bite you if sometime in the future you need some level of security clearance for work etc.




Science flies you to the Moon. Religion flies you into tall buildings.
Rinzler 


Location: New Jersey


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Re: Trespassing Summons
<Reply # 13 on 8/17/2013 9:49 PM >
Posted on Forum: UER Forum
 
Posted by rob.i.am


Cop.


Problem?

rob.i.am 


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Re: Trespassing Summons
<Reply # 14 on 8/17/2013 10:08 PM >
Posted on Forum: UER Mobile
 
Posted by Rinzler


Problem?


Not at all officer.



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Rinzler 


Location: New Jersey


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Re: Trespassing Summons
<Reply # 15 on 8/21/2013 11:00 AM >
Posted on Forum: UER Forum
 
Posted by Ricky_from_TV


It almost always ends better if you're just upfront and honest about what you're doing.


Pretty much. More often than not if somebody is honest they'll just get talked to or given a lesser charge/penalty, depending on what it is they are doing though. Sometimes there is a zero tolerance for stuff though, so no matter if you are telling the truth or lying, you'll be charged. Some hospitals around me have a zero tolerance if youre caught and its an automatic arrest. Some towns have a zero tolerance on speeding. Etc.

But if somebody is suspected of lying from the start, more than likely they will be charged with as much as possible if you get caught. There is nothing more aggravating. Or if you act like an asshole/smartass.

C-Note 


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Re: Trespassing Summons
<Reply # 16 on 8/22/2013 1:08 AM >
Posted on Forum: UER Forum
 
Rinzler's a fed.

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/-/ooligan 


Location: Las Vegas area
Gender: Male


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Re: Trespassing Summons
<Reply # 17 on 8/23/2013 6:40 AM >
Posted on Forum: UER Forum
 
Posted by Rinzler
You can either go to court and plead not guilty or just pay it. You havent been convicted of a crime, nor have a criminal record now. Its just a township ordinance ticket. Its basically the same kind of ticket you would get for drinking on a beach, open container, etc....



Whoa there! How you you KNOW that she was just charged with what equates to a civil infraction, and that the recipient could simply pay a fine? She said she lives in NYC (& the implication is the alleged offense occurred in NYC), yet you go pontificating about it being just "a township ordinance ticket." One of us is on crack, and I don't think it's me...


It could very easily be a misdemeanor offense or even low-level felony, so I think your advice to her is reckless & potentially dangerous.


The summons should list what violation she's being charged with, and may specifically state whether it's a civil infraction, misdemeanor, or felony. She should research the charge, the site (are there court records of other trespassing cases, & if so, what was the outcome?), the judge or magistrate, etc. & then make the decision as to whether or not it'd be worth it in the long-run to consult an attorney as to how to plead. The right attorney (possibly legal aid society for free advice) will understand the law & how it is locally interpreted by the courts, and may advise you to plead nolo contendre, not guilty, or guilty but with a good explanation & apology. The attorney may even contact the property owner & ask nicely for the complaint to be dropped in-exchange for you going there & spending 2 hours pulling weeds or something.

Being young & with no past criminal history, you can always take a chance by sticking to the basic story you told the officer, being very apologetic & letting the court & property owner know that you take responsibility for your trespass and realize the matter is serious, but advising that you have no criminal history, lots of ambitions that any sort of criminal record could ruin, and beg the court for mercy.

Best-case scenario is that the DA's office will decline charges, the property owner will fail to follow-up/follow through with the DA's office. Likely scenario is that the matter will be 'taken under advisement' (not all jurisdictions do this) -- meaning you pay a fine + court costs but if you don't get anything else on your record within 6 months or a year, the case is tossed & you can legally state you've never been convicted.

Worst-case scenario is the property owner lies and accuses you of vandalizing/stealing from his beloved property & even if it's plea-bargained down to something minor, it stays on your record.


/-/ooligan


There are no stupid questions, just stupid people.
Adventure Crime 


Location: Cleveland
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Re: Trespassing Summons
<Reply # 18 on 8/23/2013 3:50 PM >
Posted on Forum: UER Forum
 
Everyone has different ethos for dealing with "authority." If its a security guard, they are not an officer of the law. Run! Walk quickly, do whatever. To my knowledge its not a crime to run from a property owner and a security guard. Just get off the property and back to your vehicle, preferably with not being followed so your plates aren't taken down.

But If I were you, and weren't trying to get into any government job or in law enforcement yourself, just pay the fine. I'm sure you can get it expunged later on. Its not like you have 5 trespassing charges on your record already.
[last edit 8/23/2013 3:55 PM by Adventure Crime - edited 1 times]



Rinzler 


Location: New Jersey


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Re: Trespassing Summons
<Reply # 19 on 8/23/2013 8:10 PM >
Posted on Forum: UER Forum
 
Posted by /-/ooligan


Whoa there! How you you KNOW that she was just charged with what equates to a civil infraction, and that the recipient could simply pay a fine? She said she lives in NYC (& the implication is the alleged offense occurred in NYC), yet you go pontificating about it being just "a township ordinance ticket." One of us is on crack, and I don't think it's me...


It could very easily be a misdemeanor offense or even low-level felony, so I think your advice to her is reckless & potentially dangerous.



/-/ooligan



Well lets see, she stated she was caught trespassing and given a ticket which is 140.05. That would be a violation, not a crime. And you won't have a criminal record because of it. I also did tell her to go fight it if she wants. Dont go jumping down my throat when she clearly stated she was given a ticket for trespassing. Also said she can get an ACD if she wants or just pay the fine. So no, none of what i said was reckless or dangerous.
[last edit 8/23/2013 8:13 PM by Rinzler - edited 1 times]

UER Forum > Archived Rookie Forum > Trespassing Summons (Viewed 990 times)



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