TurboDiesel
New Member
Hello all.
Here's my charge:
On Monday, October 5th, 2009 I was served an appearance ticket for the charge of Trespassing - a violation of section 140.05 of the New York State Penal Law.
According to this New York State Penal Law, "A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises."
I will use the following abbreviations for anonymity & simplicity:
"C" - my buddy & the husband
"J" - my buddy's wife (now ex-wife)
"S" - my cousin and son of my uncle
"K" - my uncle
"I" - Me
Ok, so here's what let up to this charge:
A friend of mine of many years, C, owns a snowmobile. Several years ago, I sold this snowmobile to him. At the time, he was married to J.
During the lengthy and nasty divorce between C & J, J was shacking up with my cousin, S. They were living at my Uncle K's property, where my uncle owns, but does not reside at.
During this time, and during the divorce proceedings, S & J proceeded to remove all of the marital asset items that they could from the house that C & J originally lived in. They were able to do this because C was prohibited to return back to his home by J and the law. Thus, C was unable to stop S & J from effectively stealing virtually all of C's possessions.
C's posessions were then taken to S's place by S, J, & K (again, property is owned by K).
During the divorce, with S's assistance, J made every attempt to sell off, and hide C's items so that C could never get them back. (Tools, machinery, vehicles, and much, much more.)
After a battle in court, most of the items that were originally C's were turned over to J, and a dollar value was placed upon them, in which J was responsible to pay to her now-ex husband C.
However, the snowmobile in question was conveniently "missing" due to the fact that S & J hid it on a neighbor's property without his knowledge. Therefore, it was NOT included in the divorce decree, and it therefore remains owned by C, as he is the legal, and current registrant of the snowmobile. (A current NYS registration for a snowmobile is legal proof of ownership. No titles are produced for snowmobiles.)
The neighbor found the snowmobile on his property and questioned S, who in turn lied and said that it was his and that he was sorry, as the snowmobile had "died" out in the middle of the tall grassy field. (How convenient.
)
The neighbor believed the lie that S gave, and S removed the snowmobile from the neighbor's property. S then hid the snowmobile on his father's (K) property.
Now, S has 2 sons. One son, I believe the oldest one, at some point in time had communicated with my friend C that he knew where the snowmobile was hidden. It was hidden deep back in K's property, very possibly under an apple tree in an abandoned apple orchard in the tall weeds.
C told me this, and I told him we should go and get it, as C is the legal owner, and that my Uncle K and I have always had a good relationship, and we typically come and go as we please on each other's property over the years. (We are all farmers of sorts.)
We both decided to wait a while until things calmed down at my Uncle's property, due to a lot of chaos that my idiot cousin S had created.
S had been stealing from a former employer, posessing weapons that he was told he could not possess by law, and for shooting himself, and trying to make it look like his now ex-girlfriend (J) had done it. (Yes, he's a nutcase.) :nuts
My cousin, S, was placed in jail for various charges. Amen for that.
OK, so back to MY involvement in this gigantic "MESS":
Many months later, approximately 15 months later to be more precise, C and I were informed by J that she wanted the registration for the snowmobile. C refused and told her that the snowmobile is HIS and that she was never going to get it, as she had no rights of ownership of it. I told C, why don't we just go get the snowmobile from K's place and this whole mess will be over. He agreed and we did so.
On June 12th, 2009, C and I went to K's farm property and saw the snowmobile from the roadway and entrance driveway. The snowmobile had been moved from it's "hiding place" and brought to the dooryard so that J could come and take it away. This is the only reason we were able to take the snowmobile in the first place, without K telling me exactly where it was located on his property. We proceeded onto the property, while I tried to contact K by calling him with my cell phone. K did not answer, but I did not worry about it, due to my good relationship with him over the past 30 years.
C & I proceeded to load the snowmobile onto a pickup truck, and then we left the property.
Later that evening, K called me and asked me if I had been on his property. He informed me that he had talked with J and that she said that C and I most likely took the snowmobile. She had been bugging C for the registration again, telling him that she wanted it and she was taking back the snowmobile that was supposedly "missing". That's why K even thought to call me in the first place. I explained to K that I had in fact been on his property, and that I removed the snowmobile with C from K's property, as C was the legal owner of the snowmobile. Confused, K asked if we had proof. I in turn told him, yes - of course - and C was more than willing to show K if he wished. K said ok fine, and that J had been saying that she had proof that she owned the snowmobile. I told K that she had to be lying and that it was impossible. I've seen the original legal NYS registration, in C's name only, and I compared VIN numbers with my own eyes.
K then went on to verbally accuse me of stealing various tools and other items from his property. I told him that was absolutely false, and that I didn't know anything about any other items that were missing from his property. We removed ONLY the snowmobile. I was aggravated and offended that he would accuse me of ever stealing anything from him, as my Uncle and I were family.
Time passed, and it was the 4th of July holiday. K invited my wife and I over with the rest of our families for a celebration, bonfire, fireworks, etc. I was hesitant at first, as I wasn't sure if he was going to make a scene or just plain be nasty to me. But, I decided that I would go, as he extended the invite, so he must be over the whole "snowmobile situation", as was I. We attended at K's property, and had a pleasant time, with K and I having typical friendly dialog, and no issues or mentions of the past at all.
Now... For whatever reason, K has decided that he's going to "get even" with me, because he has started questioning me again about his alleged missing items from his property, other than the snowmobile. Again, I told him, I DON'T KNOW anything about any other items that were removed from his property at any time. C & I removed ONE thing, and that was the snowmobile. PERIOD.
I told him that I now realize that I should have gotten in contact with him prior to taking the snowmobile, and that I apologize for that. It is very clear to me, that although at the time he seemed to accept my apology, he now does not.
Evidently, with this "trespassing" charge, this is my uncle's way of telling me to "f" off. I really don't get it. My other family members say that K told them that he doesn't believe me, and that I must have taken other things from his property, and that is why he is pursuing the trespass charge against me. Clearly, he doesn't have ANY case for anything else, as I haven't been charged with anything else.
I don't even understand how he can charge me with trespass, other than the fact that he is flat-out LYING in his statement to the Sheriff, in which he stated that he had previously told me that I could not be on his property. I will swear under oath, that he NEVER said that, and that I have family members that will attest to that fact.
Additionally, there is a supporting deposition in which K's son S, had supposedly filed back on March 21st, 2008. I had never seen it before in my life until I was just recently served my appearance ticket for Trespass on October 5th, 2009. I then received copies of the deposition from S, the statement from K, and the accusatory from the Sheriff Investigator.
In the alleged deposition, S claims that he wanted me to be arrested for entering his buildings in March and April of 2007, when I allegedly entered his property without his knowledge or permission. Again, this was supposedly filed on March 21st, 2008. I ask, why was I never made aware of this?
First of all, it is not his (S's) property. Secondly, the same applies as aforementioned. K and I have always had a friendly relationship, not to mention, we are relatives. We've always come and gone as we please on each other's property, especially during harvest times and such. The ONLY reason my cousin S didn't want anyone looking at anything on the property is because he was STEALING from various places, and was hiding the items in his father's buildings.
Anyhow, I guess the whole reason that I'm on here is to ask for any good legal advice. Any thoughts on what I should do, or how to defend myself? I'm very green to being treated as a bad guy, and I don't know what to do. I do not have much money, as I'm currently unemployed and my wife and I are losing the battle struggling to make ends meet as it is.
I thank everyone in advance for taking the time to read this mess and for any help that you can give. Any assistance will be GREATLY APPRECIATED!
My first court date is just over 3 weeks away.
Have a great day & god bless.
Here's my charge:
On Monday, October 5th, 2009 I was served an appearance ticket for the charge of Trespassing - a violation of section 140.05 of the New York State Penal Law.
According to this New York State Penal Law, "A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises."
I will use the following abbreviations for anonymity & simplicity:
"C" - my buddy & the husband
"J" - my buddy's wife (now ex-wife)
"S" - my cousin and son of my uncle
"K" - my uncle
"I" - Me
Ok, so here's what let up to this charge:
A friend of mine of many years, C, owns a snowmobile. Several years ago, I sold this snowmobile to him. At the time, he was married to J.
During the lengthy and nasty divorce between C & J, J was shacking up with my cousin, S. They were living at my Uncle K's property, where my uncle owns, but does not reside at.
During this time, and during the divorce proceedings, S & J proceeded to remove all of the marital asset items that they could from the house that C & J originally lived in. They were able to do this because C was prohibited to return back to his home by J and the law. Thus, C was unable to stop S & J from effectively stealing virtually all of C's possessions.
C's posessions were then taken to S's place by S, J, & K (again, property is owned by K).
During the divorce, with S's assistance, J made every attempt to sell off, and hide C's items so that C could never get them back. (Tools, machinery, vehicles, and much, much more.)
After a battle in court, most of the items that were originally C's were turned over to J, and a dollar value was placed upon them, in which J was responsible to pay to her now-ex husband C.
However, the snowmobile in question was conveniently "missing" due to the fact that S & J hid it on a neighbor's property without his knowledge. Therefore, it was NOT included in the divorce decree, and it therefore remains owned by C, as he is the legal, and current registrant of the snowmobile. (A current NYS registration for a snowmobile is legal proof of ownership. No titles are produced for snowmobiles.)
The neighbor found the snowmobile on his property and questioned S, who in turn lied and said that it was his and that he was sorry, as the snowmobile had "died" out in the middle of the tall grassy field. (How convenient.
) The neighbor believed the lie that S gave, and S removed the snowmobile from the neighbor's property. S then hid the snowmobile on his father's (K) property.
Now, S has 2 sons. One son, I believe the oldest one, at some point in time had communicated with my friend C that he knew where the snowmobile was hidden. It was hidden deep back in K's property, very possibly under an apple tree in an abandoned apple orchard in the tall weeds.
C told me this, and I told him we should go and get it, as C is the legal owner, and that my Uncle K and I have always had a good relationship, and we typically come and go as we please on each other's property over the years. (We are all farmers of sorts.)
We both decided to wait a while until things calmed down at my Uncle's property, due to a lot of chaos that my idiot cousin S had created.
S had been stealing from a former employer, posessing weapons that he was told he could not possess by law, and for shooting himself, and trying to make it look like his now ex-girlfriend (J) had done it. (Yes, he's a nutcase.) :nuts
My cousin, S, was placed in jail for various charges. Amen for that.
OK, so back to MY involvement in this gigantic "MESS":
Many months later, approximately 15 months later to be more precise, C and I were informed by J that she wanted the registration for the snowmobile. C refused and told her that the snowmobile is HIS and that she was never going to get it, as she had no rights of ownership of it. I told C, why don't we just go get the snowmobile from K's place and this whole mess will be over. He agreed and we did so.
On June 12th, 2009, C and I went to K's farm property and saw the snowmobile from the roadway and entrance driveway. The snowmobile had been moved from it's "hiding place" and brought to the dooryard so that J could come and take it away. This is the only reason we were able to take the snowmobile in the first place, without K telling me exactly where it was located on his property. We proceeded onto the property, while I tried to contact K by calling him with my cell phone. K did not answer, but I did not worry about it, due to my good relationship with him over the past 30 years.
C & I proceeded to load the snowmobile onto a pickup truck, and then we left the property.
Later that evening, K called me and asked me if I had been on his property. He informed me that he had talked with J and that she said that C and I most likely took the snowmobile. She had been bugging C for the registration again, telling him that she wanted it and she was taking back the snowmobile that was supposedly "missing". That's why K even thought to call me in the first place. I explained to K that I had in fact been on his property, and that I removed the snowmobile with C from K's property, as C was the legal owner of the snowmobile. Confused, K asked if we had proof. I in turn told him, yes - of course - and C was more than willing to show K if he wished. K said ok fine, and that J had been saying that she had proof that she owned the snowmobile. I told K that she had to be lying and that it was impossible. I've seen the original legal NYS registration, in C's name only, and I compared VIN numbers with my own eyes.
K then went on to verbally accuse me of stealing various tools and other items from his property. I told him that was absolutely false, and that I didn't know anything about any other items that were missing from his property. We removed ONLY the snowmobile. I was aggravated and offended that he would accuse me of ever stealing anything from him, as my Uncle and I were family.
Time passed, and it was the 4th of July holiday. K invited my wife and I over with the rest of our families for a celebration, bonfire, fireworks, etc. I was hesitant at first, as I wasn't sure if he was going to make a scene or just plain be nasty to me. But, I decided that I would go, as he extended the invite, so he must be over the whole "snowmobile situation", as was I. We attended at K's property, and had a pleasant time, with K and I having typical friendly dialog, and no issues or mentions of the past at all.
Now... For whatever reason, K has decided that he's going to "get even" with me, because he has started questioning me again about his alleged missing items from his property, other than the snowmobile. Again, I told him, I DON'T KNOW anything about any other items that were removed from his property at any time. C & I removed ONE thing, and that was the snowmobile. PERIOD.
I told him that I now realize that I should have gotten in contact with him prior to taking the snowmobile, and that I apologize for that. It is very clear to me, that although at the time he seemed to accept my apology, he now does not.
Evidently, with this "trespassing" charge, this is my uncle's way of telling me to "f" off. I really don't get it. My other family members say that K told them that he doesn't believe me, and that I must have taken other things from his property, and that is why he is pursuing the trespass charge against me. Clearly, he doesn't have ANY case for anything else, as I haven't been charged with anything else.
I don't even understand how he can charge me with trespass, other than the fact that he is flat-out LYING in his statement to the Sheriff, in which he stated that he had previously told me that I could not be on his property. I will swear under oath, that he NEVER said that, and that I have family members that will attest to that fact.
Additionally, there is a supporting deposition in which K's son S, had supposedly filed back on March 21st, 2008. I had never seen it before in my life until I was just recently served my appearance ticket for Trespass on October 5th, 2009. I then received copies of the deposition from S, the statement from K, and the accusatory from the Sheriff Investigator.
In the alleged deposition, S claims that he wanted me to be arrested for entering his buildings in March and April of 2007, when I allegedly entered his property without his knowledge or permission. Again, this was supposedly filed on March 21st, 2008. I ask, why was I never made aware of this?
First of all, it is not his (S's) property. Secondly, the same applies as aforementioned. K and I have always had a friendly relationship, not to mention, we are relatives. We've always come and gone as we please on each other's property, especially during harvest times and such. The ONLY reason my cousin S didn't want anyone looking at anything on the property is because he was STEALING from various places, and was hiding the items in his father's buildings.
Anyhow, I guess the whole reason that I'm on here is to ask for any good legal advice. Any thoughts on what I should do, or how to defend myself? I'm very green to being treated as a bad guy, and I don't know what to do. I do not have much money, as I'm currently unemployed and my wife and I are losing the battle struggling to make ends meet as it is.
I thank everyone in advance for taking the time to read this mess and for any help that you can give. Any assistance will be GREATLY APPRECIATED!
My first court date is just over 3 weeks away.
Have a great day & god bless.
