Other Criminal Charges & Offenses Judge's sentence would cause a crime

[prose]

What can a person do if a sentence/judgment issued by the judge would cause a person to commit a crime. In this case, destruction of property.

This is in Oregon. The person owned land with ponds which he built. this person conveyed the land to another party. the state says the ponds are illegal.

Since this person built the ponds and had previously been cited for having them, the judge has now said he has to go onto the land that is now owned by someone else and drain the ponds then destroy the dams.

the people who now own the land say they will file a complaint for trespass and destruction of property if he does it.

how in the world can a judge order someone to commit a crime? does he have the jurisdiction to do that? what would be a pleading to file or something to get this craziness stopped?

Thank you!

 

[Proserpina]

The judge has ordered that the crime already committed be remedied.

It is highly unlikely that the owners have any real claim for trespass and/or destruction of property.

 

[army judge]

I suggest you consult with an attorney in your county.

You may not completely understand the judge's order.

I won't bore you (or others) with why you perhaps aren't clear.

I will advise you NOT to risk your freedom by taking FREE advice from anonymous people.

See a lawyer and ask him or her to educate you, and/or perhaps assist you in resolving this matter.

 

[mightymoose]

It seems to me the new owner is the one who should have received the order from the court.
The former owner has no right to be on the property.
It is possible the judge ruled the ponds to be destroyed but did not specifically order the former owner to do it.

 

[prose]

thank you for your reply. yes, therein lies the problem. The judge says the crime follows the person. the new owner is saying they will bring a suit against the state as well. very complicated situation i guess. he will have to figure it out.

 

[prose]

i would enjoy being "bored" by any educational information -)