Legal Question in Criminal Law in California

I received a California Department of Fish and Game citation Penal Code 602(n) Vehicular Trespassing. I was a passenger in the vehicle. The first word in 602(n) states "Driving" a vehicle while knowingly trespassing. There is no mention about being a passenger or riding or anything, but driving. How can I be charged with something that I was not doing? Shouldn't I have been charged with simple trespassing? Do I have any dismissal motion options.


Asked on 8/11/10, 8:59 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Why help the prosecutor practice law against you? You are correct that the section cited requires you to be driving to be in violation. You obviously have a defense. The problem is, the prosecutor can change the charges.

Defend yourself, or hire an attorney to present your defense. People occasionally get charged in our system with crimes they did not commit. It is up to you and your attorney if you hire one, to defend you. It is not the job of the system to stop Fish and Game or the prosecutor from charging you.

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Answered on 8/17/10, 11:24 am


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