Criminal Trespassing

[windywind22]

What is the name of your state (only U.S. law)? California


Well, I had got drunk one day, lost my glasses in my friends car and literally could not see where I was going. I was THAT drunk and I am THAT visually impaired. Anyway, I got dropped off in front of my "house" or so I thought, and noticed no lights were on so I hopped over the fence and slept in the backyard. I wake up to cops flashing their lights on me and saying that i'm in my neighbors house, which is literally 2 houses away from where I live. I realized I was in my neighbors backyard after the cops made me aware, and was embarrassed. I got a Misdemeanor 602 (o) Pc Trespassing in Private Property, I then went to jail for about 15 hours, and got released/cited.

My question is, because I am currently seeking employment as a security guard, is there any way to get this dropped? Or to a lesser charge, perhaps as an infraction instead? Ive submitted my application with the BSIS (Bureau of Secuirty and Investigated Services) and I fear that my application will be revoked because of this. What can I do, or what are the steps I have to take to get this either dropped, or to a lesser charge? HELP.

 

[CdwJava]

Have you been charged, yet? When do you go to court?

If there have been no charges, then at least you can say there was no conviction.

 

[OHRoadwarrior]

More importantly, being there was not illegal. You were charged with failing to leave when requested. So is that what happened?

 

[windywind22]

Have you been charged, yet? When do you go to court?

If there have been no charges, then at least you can say there was no conviction.

Well, I have to go to court in May, so no I have not been officially charged yet.

 

[windywind22]

More importantly, being there was not illegal. You were charged with failing to leave when requested. So is that what happened?

No, I had slept in their backyard lol. They heard me snoring I guess, and weren't sure who was in their backyard...they then called the cops, the cops woke me up, informed me I was in the neighbors house, then by that time I was sober and more aware and then realized I was in my neighbors backyard and NOT mine.

My neighbors said they wont press charges, but the cops did... how can I get off of this charge? UGH

 

[CdwJava]

You need an attorney who can work with the DA. The DA may modify the charges to public intoxication or disturbing the peace (maybe offer deferral), or they may drop the matter entirely. You might also consider attending an alcohol treatment/counseling program to show that you are correcting a problem that may exist in your life. That may show some willingness to address a perceived alcohol problem and look good to the DA or the court.

 

[justalayman]

Twice you have stated the police told you you were IN the neighbors HOUSE.

Either you or the cops have a very poor understanding of the English language or there is something missing from your story.

 

[CdwJava]

I suspect that if he was found in the backyard that he never got inside (something I have seen more than a few times). Hd he been inside of an occupied residence, the charge would not have been PC 602(o). It could be that he meant to say he was told that he was in the neighbor's YARD, not in the house itself.

 

[justalayman]

I would hope so. It just struck me odd op would say the exact same thing twice, almost like he was reading it from a textbook or something if not the actual case. I cannot imagine a cop actually saying quite what the op claimed the cops said.

i can imagine a dialogue where op might have stated he thought it was his house, cop said no, not your house and you don't belong here but the IN the HOUSE connection was stretching that conversation a bit

I presume more error on the op's part than anythng but kind of wanted op to clarify since if they did say in the house, there might have been a little activit op may not have realized in his drunken stupor.

 

[FlyingRon]

If you have an appearance date, you have been charged.

 

[quincy]

What is the name of your state (only U.S. law)? California


... I got a Misdemeanor 602 (o) Pc Trespassing in Private Property, I then went to jail for about 15 hours, and got released/cited.

My question is, because I am currently seeking employment as a security guard, is there any way to get this dropped? Or to a lesser charge, perhaps as an infraction instead? ...

If all is as windywind22 says, and there was NO issue with windywind22 leaving the neighbor's yard when requested, then the charge does not seem to fit the offense. Here is a link to California Penal Code 602(o): http://codes.findlaw.com/ca/penal-code/pen-sect-602.html

The story as told does not quite make sense, although it is admittedly being told by someone who probably does not remember a whole lot of what happened. The "hopping over the fence" is problematic, as is windywind22's decision to sleep in "his" yard because there were no lights on in the house - unless it is typical behavior for windywind22 to hop over a fence when he goes to his house, and then wait for sunrise (or someone to switch on lights) before entering his house.

I think windywind22 might want to start an alcohol treatment program and perhaps rethink becoming a security guard.

 

[CdwJava]

I agree that 602(o) MAY not be the most applicable offense (absent other facts to make it applicable). But, for better or worse, that's what the officers charged him with - that may not be what the DA goes with. Typically, we'd charge 602(m) or public intoxication per PC 647(f). Yes, this sort of thing is not uncommon, but typically occurs with individuals with quite a history of alcohol-related problems (even if not criminal).

 

[quincy]

I agree that 602(o) MAY not be the most applicable offense (absent other facts to make it applicable). But, for better or worse, that's what the officers charged him with - that may not be what the DA goes with. Typically, we'd charge 602(m) or public intoxication per PC 647(f). Yes, this sort of thing is not uncommon, but typically occurs with individuals with quite a history of alcohol-related problems (even if not criminal).

From what has been told to us, I can see where 602(m) fits better than 602(o).

This appears to be a rather minor offense, all things considered, so your earlier comment Carl, about the DA possibly modifying the charge, deferring the charge, or dismissing the charge entirely, seems a good possibility. But whatever happens with the charge, I would hope the incident spurs windywind22 into curtailing or getting help for his drinking, especially if he is looking to become employed.

 

[CdwJava]

I have seen a number of these cases, and they are often deferred if the defendant seeks alcohol counseling or treatment. So, yeah, that modification by the DA is likely. The police made the arrest because it resolved the issue for the night.

 

[windywind22]

Wow, thanks for all the responses. So as I kept reading your guys/girls posts I keep reading that the DA might deffer the charge entirely, or to something less...does that mean i would have to wait until my court appearance to speak with the DA? Or do I have to contact them beforehand?


Also, the suggestion I should get alcohol treatment...would going to a few AA meetings and getting a signed note from the leader of the meeting help? Or would I have to pay for an alcohol treatment program type of thing? I have to apply for my security guard registration today, and already spent $200 on getting the certification, finger prints, etc + the $50 application fee (final step which im doing today).


And no, I was not inside the house, i was in the backyard passed out.