Other Criminal Charges & Offenses Originally cited for trespass 3rd dregree officer changed her copy to

[Guest]

Hello and thank you for your assistance. I was ticketed for trespassing in the 3rd degree when I took my dog to run on a desert lot near my house. This lot, in past years, had a home made sign stating that you could be there but to respect the property as well as an old barbed wire fence with a pushed down section allowing foot access onto the property. Last time I was at this lot to hunt with friends, we were checked by the Game and Fish Dept. for licenses and they did not appear to have any problem with us being there. There has never been any no trespassing signs and there were not any when I was ticketed. I was on my way out when a man in a truck came yelling at me, nearly running us over and continued trying to do so until I got back to my vehicle where I called 911 to report the incident. I met with an officer a few miles away to get away from that location and they said that someone had called about a trespasser at the same lot so they knew who it was. After telling her there were not any no trespassing signs and have been there without problems many times before, I was ticketed for 3rd degree trespassing. Today at my pre-trial conference I learned that the officer altered her copy of the citation to say it was trespassing in the 2nd degree.

Here are my questions.

1. Can she alter the violation without my knowledge?

2. Can I be charged with trespassing in the 2nd degree if the land is undeveloped, is not being used for any purpose ,ex. livestock and agricultural?

3. Can I be charged with trespassing at all in this situation even if I lacked the requisite of knowingly entering and remaining on what I didn't know was private property that has no signage, as well as being unreasonably asked to leave?


Thank you again for your help!

 

[army judge]

Here are my questions.

1. Can she alter the violation without my knowledge?

What you deem altering is simply amending.

It is done all the time.

You'll be notified by the persecutor.

2. Can I be charged with trespassing in the 2nd degree if the land is undeveloped, is not being used for any purpose ,ex. livestock and agricultural?

That will be determined at trial.

What you describe is a matter of fact which the jury will discern.

3. Can I be charged with trespassing at all in this situation even if I lacked the requisite of knowingly entering and remaining on what I didn't know was private property that has no signage, as well as being unreasonably asked to leave?

I think you are beyond the can I stage, it appears you have.

This precisely what trials resolve, factual disputes.

Some crimes require a specific intent, some simply the omission or commission of a a specific act.


I suggest you HIRE an attorney, or if you are unable to HIRE an attorney, request the court to appoint one to represent you.

If the court won't or can't, I am back to suggesting you HIRE counsel.

You wouldn't remove a tumor from your brain, what makes practicing law any easier???