misdemeanor?

He just stated that he did not see you on the property. He left it up to you to either go to court and admit it - or lie - in court.
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The fifth amendment of the constitution provides protection from self-incrimination. It's not lying if you choose not to testify against yourself.

I think a decent lawyer can handle this. The officer didn't see you on the property. If anyone else from your group said you were on the property then you have a right to question them. I'd think the officer would probably need either a sworn statement from that person or that person would have to be there to testify against you for it to count. Don't take my word for it though...You're hiring a lawyer to know this stuff.
 
I consulted a couple people with this and have been told this should be throw out fairly easily. So we'll see what happens in June. . .

I appreciate all the help and sarcasm from everyone ;)
 
funny thing about that. . . the two guys that were there were boots straight from their MOS school. . .
 
bfeller said:
He just stated that he did not see you on the property. He left it up to you to either go to court and admit it - or lie - in court.
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I'm quoting myself here to better explain my thought on the matter.

Aren't a lot of the problems in the world due to people making mistakes - then lying to get out of them? I rather admit the issue - figure out how to avoid it in the future and move forward.

I'm not saying what's the right thing or wrong thing for him to do. If I new it was private property and went in anyway - I took the risk and got caught. Why lie about it.

If I did not know it was private and went in - I would try to explain the error. It shows character.

This reminds of something my dad told me years ago. WE all have to pay taxes. No one is required to pay the maximium. There are deductions and credits. There there - use them if you earned them.

Karma can be a beatch.
 
I had a cop try to do that on kemp road. I never went down the kemp road trails, I just happen to be driving down the road with my muddy jeep (muddy from the weekend before at Ure) that took a while to get out of.
 
Just an update of what happened at court yesterday. I talked with the DA prior to my case about a continuance, still waiting on pre-payed legal to kick in, and because the other two boneheads were there pleading guilty, his recommendation was to not use a lawyer. It's kind of a long winded reason why, but it made enough sense for me to also plead guilty. The judge thought the whole situation was funny and dropped it to a class 3 misdemeanor with 10 days suspension and 12 months stay away from burton park. DONE. No fine, nothing really, I just can't get pulled over and ticketed for any reason or I'll be going to jail. All in all, lesson learned. Find the owner of the property and verify, don't take everyone's word for it. They may have gotten away with it unknowingly, but that doesn't mean it's right. Thanks to everyone for the advise. If I get a chance at work today I'll explain the whole thing.
 
I hope you don't run a red light on the way to work
 
One thing that is being left out here is that there is a Public water Access there or at least there was 6 months ago before I left. I have pulled a lot of people out down there that could have claimed to be fishing. For those that have never seen the area it is a road about 3/4 mile long and makes several curves. Nothin on it and cleared about 200" off the road on both sides. It was suppose to be an industrial area but the county wouldn't ever approve any business in there or something like that. I am sure that place is a mess as more and more people go there looking for some place to mud. Most of the Sheriff's in the area are polite and will usually just kick you out if it is your first time. This is good info that needs to be shared for all that go there.
 
sooo....you talked to the DA (the man prosecuting you) and he suggested not using a lawyer (the man who would be defending you from the prosecutor) and you took his advice?

lol. ok.
 
BigRedB2 said:
sooo....you talked to the DA (the man prosecuting you) and he suggested not using a lawyer (the man who would be defending you from the prosecutor) and you took his advice?
lol. ok.
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Yup, sure did. He wasn't the only one that told me that,and I'm not much of a gambling man. The DA here is a good guy, he took time out of his busy morning to read the sheriff's report and here me out. He answered all my questions and was nothing but polite and respectful. Yeah, he's a lawyer and his job is suckering people, but I didn't feel comfortable pleading not guilty when the other two knuckleheads plead guilty and dimed me out to the DA and the judge. So instead of looking like a giant retard, I only look like a medium one now. Either way, I got off easy for something I did illegal, regardless of whether I meant to or not. Life could be worse.
 
family xj said:
One thing that is being left out here is that there is a Public water Access there or at least there was 6 months ago before I left. I have pulled a lot of people out down there that could have claimed to be fishing. For those that have never seen the area it is a road about 3/4 mile long and makes several curves. Nothin on it and cleared about 200" off the road on both sides. It was suppose to be an industrial area but the county wouldn't ever approve any business in there or something like that. I am sure that place is a mess as more and more people go there looking for some place to mud. Most of the Sheriff's in the area are polite and will usually just kick you out if it is your first time. This is good info that needs to be shared for all that go there.
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There is a water access there still, but you called it, it's all tore up now. The water access is for kayaks only apparently, and it was made very clear that anyone out there without a kayak will be prosecuted. The county magistrate is pretty anal about that industrial park and doesn't want anyone back there tearing up land, (that's going to be excavated anyhow), so he's got the sheriff's heading out that way often.

Once you get by the water access, people have destroyed it there too: burned mattresses, piles and piles of garage, and bottles everywhere.
 
you got screwed. You should have gotten a lawyer. Any DA and cop will tell ya you dont need a lawyer.

Cop said he had probable evidence of you being there? Make him produce it. If he can't, its just hear-say...

Now you have this on your permament record.
 
the other two guys were on camera saying we were there, they could have used them as witnesses against me. I know it's on my record permanently, I'm not a big fan of that. . .
 
They wanted their conviction.... that's why they didn't want you to get an attourney.

Trespassing usually isn't a big deal, but I'd rather not have it on my record at all.
 
A fishing pole and License is always your friend. Just keep them in the vehicle and you always have that excuse. Then they can't say anything for being there.
 
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