Legal Question in Criminal Law in California

Re: Trespassing.

First of all, go back there and take lots of photos. Every crime requires criminal intent, so if you did not know the land was private you could not have formed the required criminal intent. Even if the land is private, you may also have a "prescriptive easement" giving you a right to use the land for recreational purposes if enough people have used the land for that purpose for long enough of a time. Or you might get lucky and find a sign that says "Right to pass by permission and subject to control of owner, Civil Code Section 1008." Find somebody who will truthfully testify they have been riding ATVs there for more than 4 years. Also, since you were a passenger, how could you be convicted of trespassing? Will the cop lie and say you were driving? My best guess is that you should plead not guilty and go to trial.

Re: Trespassing.

You shouldn't be convicted, especially if you were not the driver. Here's the relevant parts of the code section on trespass:

PC �602 provides:

Except as provided in Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:

...

(m) Driving any vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner's agent, or the person in lawful possession.

You were not "driving" for purposes of subdivision (m), and it must be "known"to be private property. Also, for any other subdivision, you don't qualify (ie, if you were on private property (not driving) and were asked to leave by the lawful owner). So fight it. The prosecution should relent and dismiss your case before trial.

However, I would be mindful of another subsection of 602:

Subdivision (j) provides:

Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent or by the person in lawful possession.

This seems to be slightly more problematic than the (m) section you were charged with. Still, it seems you're in the clear from the facts you related.

Contact me if you have additional questions. Good luck,

JACQUELINE GOODMAN RUBIO

www.californiadefenselawyer.net

[email protected]