by emmanuil54 » Sun Jul 22, 2012 3:15 am
I suppose they could, but I doubt that they would. First of all, I don't believe (no matter what state) that trespassing is even a misdemeanor, only a violation. If you werent on the property committing or with intent to commit anothe crime, it's not criminal trespass.If no property damage took place, she cant sue you for monetary damages. It seems that it would be more of an inconvenience to her, she would have to go to court also, and for what? Have you actually seen this photo and did it have a time date stamp on it? I mean if theres a camera tied to a tree, who took the picture? Have you actually been charged or is she threatening to, trying to shake you down for something. Have you actually been arrested or ticketed? Gone to court? Spoken to this prosecutor? If the any of these questions is no, I'd say it's B.S. and she is just messing with you. If it is for real, being a very minor violation, with no proof of intent, I would say the hell with it, plead not guilty and tell them you want a trial by jury. It is your right. It If every thing really is as you described. The court will not want to wast the courts valuable time and money on such a petty minor offense where no monetary damages took place. Chances are about 95% that a judge will dismiss it in the interest of justice. And if not, if you have no record, whats the worst that could happen, $100 fine? And thats only if a jury finds you guilty. Just paying the jury and all the court officers for a day or 2 days will cost 10 times what they can fine you. Trust me....they will dismiss it.