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Can they prove me guilty of trespassing?

  
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Can they prove me guilty of trespassing?

Postby ricki » Sun Jul 22, 2012 2:53 am

I live in MN and I went to a piece of land owned by someone I know and had permission. He sold the piece to a woman and she didn't follow through on her contract and it came down to her sueing him for conspiracy. Well she lost and the judge stated the rights to the property were still his. With permission from him I went on to the property and later found out she had snuck a camera onto a tree and she reported me for trespassing. The prosecutor states I'm guilty because she had or has this escro account but she never had any no trespassing signs, I was never informed that it was her land, never been told to leave, or anything like that. All they really have is proof I was there ( a photo). She's causing these problems because she lost due to not paying for the land. CAn they still pprove me guilty even though I was not informed the slightest bit of her having rights and not allowing me on the land?
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Can they prove me guilty of trespassing?

Postby spengler » Sun Jul 22, 2012 2:57 am

Doubt it
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Can they prove me guilty of trespassing?

Postby arrigo » Sun Jul 22, 2012 3:05 am

Not guilty! Next case!
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Can they prove me guilty of trespassing?

Postby broehain61 » Sun Jul 22, 2012 3:07 am

Not guilty! Next case!
yes - it's not your property either way
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Can they prove me guilty of trespassing?

Postby 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.
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