Property Invasion, Damages, Trespass Tresspassing

[MissBMM]

Jurisdiction

North Carolina

I live in North Carolina, and my daughter was handcuffed for 2nd degree trespassing, however, the police officer did not physically see her at the place she was charged. He then tried to handcuff her, and then charged her for resisting an officer. My question is how can he charge her for trespassing if he did not physically see her there, and why does he have the right to pursue handcuffing her and charging her for resisting an officer. She has a court date for this and has decided to represent herself. Is this a wise choice, and if she states the above information to the judge, what are her chances of getting this dropped?

 

[adjusterjack]

I live in North Carolina, and my daughter was handcuffed for 2nd degree trespassing, however, the police officer did not physically see her at the place she was charged.

You're very naive if you think that a police officer has to see somebody committing a crime in order to arrest that person.

He then tried to handcuff her, and then charged her for resisting an officer.

He "tried" to handcuff her implies that he had some difficulty because, why?, she resisted. Hence the charge for resisting arrest.

why does he have the right to pursue handcuffing her and charging her for resisting an officer.

Because he's a cop, she committed a crime and resisted arrest.

She has a court date for this and has decided to represent herself. Is this a wise choice,

No, it would be her third mistake, the first two being trespassing and then resisting arrest.

if she states the above information to the judge, what are her chances of getting this dropped?

Zero.

 

[army judge]

(a) Offense. - A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:
(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or
(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
(b) Classification. - Second degree trespass is a Class 3 misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 102; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 14-159.14. Lesser included offenses.

The offenses created by this act shall constitute lesser included offenses of breaking or entering as provided in G.S. 14-54 and G.S. 14-56. (1987, c. 700, s. 1.)


Second degree trespass is a Class 3 misdemeanor.

Adding a resisting charge to this juicy stew just increases the heat and spice.

The punishment depends on the prior offenses the person who is accused of the crime was convicted of,the act itself, also to some degree how the presiding judge sees the arrest itself and charge.

Usually a person convicted or one who pleads guilty gets court costs, a fine and unsupervised probation.

However, the exact penalty is at judge's discretion.

A person charged with any crime should plead not guilty, make no statements, offer no explanations except to say i wish to exercise my right to remain silent, and ask for a public defender, if the court sanctions such a request.

With an attorney, many defendants don't get convicted.


In NC, peace officers are permitted to make misdemeanor arrests:

(b) Arrest by Officer Without a Warrant. –
(1) Offense in Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense, or has violated a pretrial release order entered under G.S. 15A-534 or G.S. 15A-534.1(a)(2), in the officer's presence.
(2) Offense Out of Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe:
a. Has committed a felony; or
b. Has committed a misdemeanor, and:
1. Will not be apprehended unless immediately arrested, or
2. May cause physical injury to himself or others, or damage to
property unless immediately arrested; or
c. Has committed a misdemeanor under G.S. 14-72.1, 14-134.3,
20-138.1, or 20-138.2; or
d. Has committed a misdemeanor under G.S. 14-33(a), 14-33(c)(1),
14-33(c)(2), or 14-34 when the offense was committed by a person with whom the alleged victim has a personal relationship as defined in G.S. 50B-1; or
e. Has committed a misdemeanor under G.S. 50B-4.1(a); or
f. Has violated a pretrial release order entered under G.S. 15A-534 or
G.S. 15A-534.1(a)(2).