Criminal Trespassing

[quincy]

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.

If you want to "self refer" yourself to a substance abuse rehabilitation program prior to the hearing, your participation in the program will remain as confidential as you want it to remain but, yes, you will have to pay for the program. There will be administrative fees, costs for drug testing, costs for evaluations. Because the substance abuse program would be voluntary, you can withdraw from the program at any time. You might want to check out court-approved centers. You should be able to get this information from your county court. AA is also a possibility you can consider.

If a court orders your attendance at drug/alcohol classes as part of a deferral program, as a note, this can become part of a public record.

You can ask at the hearing to be considered for a deferral program if the DA has not addressed this with you prior to the hearing but I recommend you speak to an attorney in your area first, to discuss the charge and the best way to approach it. Having an attorney can be the best way for you to get the charge reduced or dismissed or deferred.

The treatment program is more for your benefit than for the court although, as CdwJava noted, the fact that you are seeking help for alcohol abuse works to your favor in court. Blacking-out in someone else's backyard is a pretty good indication that a person has a problem with alcohol.

Good luck.

 

[windywind22]

Thank you, Quincy.


This is my last question, sorry guys.

On my security application there is this question: Is any criminal action pending against you, or are you currently awaiting judgment and sentencing following entry of a plea or jury verdict? Yes or No?

I got my trespassing ticket 602 (O) pc a week ago, I have yet to go to court, but i dont know if this is a criminal action, etc? Can someone help me clarify this? Thanks

 

[quincy]

Thank you, Quincy.


This is my last question, sorry guys.

On my security application there is this question: Is any criminal action pending against you, or are you currently awaiting judgment and sentencing following entry of a plea or jury verdict? Yes or No?

I got my trespassing ticket 602 (O) pc a week ago, I have yet to go to court, but i dont know if this is a criminal action, etc? Can someone help me clarify this? Thanks

The trespassing 602(o) is charged as a misdemeanor, which makes it a criminal offense.

 

[justalayman]

You're being charged with this?

(o) Refusing or failing to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by

(1) a peace officer at the request of the owner, the owner's agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent, or the person in lawful possession, or

(2) the owner, the owner's agent, or the person in lawful possession.

 The owner, the owner's agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer's assistance in dealing with a trespass is requested.  However, a single request for a peace officer's assistance may be made to cover a limited period of time not to exceed 30 days and identified by specific dates, during which there is a fire hazard or the owner, owner's agent, or person in lawful possession is absent from the premises or property.  In addition, a single request for a peace officer's assistance may be made for a period not to exceed six months when the premises or property is closed to the public and posted as being closed.  However, this subdivision shall not be applicable to persons engaged in lawful labor union activities which are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the National Labor Relations Act.  For purposes of this section, land, real property, or structures owned or operated by any housing authority for tenants as defined under Section 34213.5 of the Health and Safety Code constitutes property not open to the general public;  however, this subdivision shall not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating any law or ordinance. -

did you refuse to leave after asked?

and being so drunk you didn't realize the owner told you to get your butt out of their yard and not complying does count as a refusal

Except as provided in subdivision (u), subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:

anyway, the charge is a misdemeanor so there is a pending criminal action.

once you are charged it is pending. The ticket is the charging instrument.


BUT wait for others. Sometimes there is a fine line where you can make claims that aren't quite as logically derived that may benefit you.

 

[tranquility]

Thank you, Quincy.


This is my last question, sorry guys.

On my security application there is this question: Is any criminal action pending against you, or are you currently awaiting judgment and sentencing following entry of a plea or jury verdict? Yes or No?

I got my trespassing ticket 602 (O) pc a week ago, I have yet to go to court, but i dont know if this is a criminal action, etc? Can someone help me clarify this? Thanks

What, specifically, is the "security application" for? Is this a background for some clearance required position? Or, is it a job application?

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=430-435

See 432.7

 

[quincy]

... did you refuse to leave after asked?

and being so drunk you didn't realize the owner told you to get your butt out of their yard and not complying does count as a refusal

...

Did you read page one of the thread where all of this was discussed?

 

[justalayman]

Did you read page one of the thread where all of this was discussed?

I had but thought maybe I missed something so I read it again



my question was never asked and never specifically answered without being asked.


for O to be valid one must refuse to leave. I saw nowhere where OP refused to leave so I asked.

 

[quincy]

... for O to be valid one must refuse to leave. I saw nowhere where OP refused to leave so I asked.

It appears to me that windywind22 answered the question in response to OHR's post. Maybe not?

tranquility, windywind22 said the application is for the Bureau of Security and Investigative Services (http://www.bsis.ca.gov/), for a security guard position. Wouldn't the question asked on the security application be one of the exceptions to California's law?

 

[justalayman]

Quote Originally Posted by OHRoadwarrior View Post
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

well, it doesn't necessarily answer my implied question of; did anybody ask you while you were too drunk to realize they were asking you to leave?


The cop apparently charged it for some reason. While it could be error, it could be valid. Just asking if there was anything or anybody saying he did in fact refuse at some point.


it does seek additional clarity so the last question asked might be able to be answered though.

how can I get off of this charge?

 

[CdwJava]

Thank you, Quincy.


This is my last question, sorry guys.

On my security application there is this question: Is any criminal action pending against you, or are you currently awaiting judgment and sentencing following entry of a plea or jury verdict? Yes or No?

I got my trespassing ticket 602 (O) pc a week ago, I have yet to go to court, but i dont know if this is a criminal action, etc? Can someone help me clarify this? Thanks

Yes, it is a criminal action. But, until charges are filed with the court, you have NOT been charged. You have been ARRESTED, but not yet charged.

 

[CdwJava]

well, it doesn't necessarily answer my implied question of; did anybody ask you while you were too drunk to realize they were asking you to leave?


The cop apparently charged it for some reason. While it could be error, it could be valid. Just asking if there was anything or anybody saying he did in fact refuse at some point.


it does seek additional clarity so the last question asked might be able to be answered though.

I suspect that either the officer charged the wrong subsection (not uncommon), or, the homeowner/resident/officer told him to get up and leave and he refused (likely due to his drunken stupor). When the DA gets the report, he or she can charge the appropriate subsection, modify the offense, or choose not to file as they deem appropriate.

 

[windywind22]

Well, I had woke up after I hearing the cops say, "IS ANYBODY HERE IN THE BACKYARD...Who is here in the backyard...where are you!" and then I replied, "oh wow, im right here...am i at my house?" i asked this because i slowly started to realize as i was looking around that things looked different...i didnt have my glasses on (I have VERY bad vision...like 220/20 and 180/20) they said, "this is not your house lets go" I never refused to leave once and left with them...

 

[windywind22]

Yes, it is a criminal action. But, until charges are filed with the court, you have NOT been charged. You have been ARRESTED, but not yet charged.

So I do not have to put YES for "do you have any pending criminal action?"

its a security job so its a criminal background check for security clearance...I had called the BSIS twice...the first lady said to put YES...and the second one said I could put NO...i was supposed to apply a few days ago but I am hesitant now due to mixed answers...if i get denied ill have to wait a year to apply and i want to make sure i do it right. I dont want to put YES when i didnt have to and get denied...or put NO and then getting denied for thinking that I am "lying"...im going to call them again one more time today. Ill let you all know what was said.

 

[quincy]

So I do not have to put YES for "do you have any pending criminal action?"

its a security job so its a criminal background check for security clearance...I had called the BSIS twice...the first lady said to put YES...and the second one said I could put NO...i was supposed to apply a few days ago but I am hesitant now due to mixed answers...if i get denied ill have to wait a year to apply and i want to make sure i do it right. I dont want to put YES when i didnt have to and get denied...or put NO and then getting denied for thinking that I am "lying"...im going to call them again one more time today. Ill let you all know what was said.

"Pending" means "remaining undecided" or "awaiting a decision."

You were ticketed for committing a criminal offense (a misdemeanor) and you are awaiting a decision on the ticket.

The prosecutor may charge you with 602(o) as ticketed, or the prosecutor may decide 602(m) is more appropriate and charge you with that, or the prosecutor may decide to charge you with a lesser offense, or the prosecutor may decide not to charge you at all.

Right now, you do not know what will happen with your criminal offense. There is a criminal action against you pending.

 

[windywind22]

"Pending" means "remaining undecided" or "awaiting a decision."

You were ticketed for committing a criminal offense (a misdemeanor) and you are awaiting a decision on the ticket.

The prosecutor may charge you with 602(o) as ticketed, or the prosecutor may decide 602(m) is more appropriate and charge you with that, or the prosecutor may decide to charge you with a lesser offense, or the prosecutor may decide not to charge you at all.

Right now, you do not know what will happen with your criminal offense. There is a criminal action against you pending.

Okay thank you very much. Thank you all for the help