Legal Question in Criminal Law in Colorado
I live in Colorado Springs, CO. I was helping an elderly friend who has cancer. He sells firewood and has his own barber shop. Back in January, we were driving around looking for fallen trees that he could use to sell the wood. We were in his truck which has the name and phone number of his barber shop advertised on both doors.
We were on a vacant lot that had some fallen trees, there was a for sale bill board on the lot but no houses, and no signs posted saying keep out, no trespassing. There was a house on another lot visible to where we were. We parked and walked this lot for 30 min. we than proceeded to cut 3 fallen trees into smaller pieces using the chainsaw we had with us. As we were driving off the lot my friend saw cut pieces of a tree laying on the ground and stopped to pick those up as well. We than continued driving off the lot and I helped him unload all of the cut wood at his residence where he sells the cut wood for $10 a bundle.
In February there was a severe wind storm here in Colorado Springs, where trees and power lines were blown down through out the city. I contacted the above mentioned friend to see if he felt like driving around in his vehicle to assist property owners with fallen trees and possibly aquire some more firewood for him to sell.
He wasn�t feeling good but said I could use his truck if I wanted to do this for him, I agreed and while I was out driving around and after helping many property owners with fallen trees, I decided to go back to the above mentioned lot to see how many trees had fallen there.
While I was on the lot a CSPD patrol car drove up to me and I was approached by a female and a male officer, the female asked for my drivers license, vehicle insurance and registration. They ran my name, and there were no wants or warrants.
The female officer asked me if I had permission to be there, I replied, I don�t see any signs saying not to be here, she than proceeded to inform me that just because there are no signs saying no trespassing, keep out, private property I still need permission from the owner of the property to be there. I said ok, she than asked me for my telephone number and said she was going to try and find out who the owner is and speak with them about my being on the lot and removing fallen tree debris. And she would than call me to let me know what the owner says.
When I got home there was a missed call and voice message but the caller hung up with out saying anything, I called the number on my caller Id and it was the CSPD female officer�s cell phone, she asked if she could call me back.
When she called back, she explained that the owner is in California, the real estate agency handleing the sale of the lot is in but on the other lot where the house is, that person claims to be the owner of the pieces of wood that were all ready cut that me and my friend picked up a month ago when we were on the lot, (back in January) and this person wants to be compensated for those wood pieces only, not concerned with the wood from the 3 fallen trees that we got at the same time.
I explained to the officer that I was only helping my friend that day and that he is the one who sells the wood, and I don�t.
Two days later I get phone call from the person wanting to be compinsated and I explained the whole thing and we agreed that I and my friend would come and talk to them in person. When we were unable to do this, I gave this person my friends number. The two of them spoke about the matter and this person was wanting $300 compensation, and the last my friend had said about it was he was going to see if they would accept payments.
In March two CSPD officers came to my front door to give me a ticket for trespassing and theft of the all ready cut pieces of wood from that day in January. The officers explained that they also have given my friend a ticket as well.
I have been to prison here in Co. I was in Comcor I left on a pass forgot to sign out, and was sent to prison. I was granted parole and I successfully completed and was released from parole.
When I went to court for the above mentioned ticket it was in the first appearence center, the only offer I was given was 30 days in CJC, with the trespassing charge dropped. And my next court is August 1, 2014
First, I want to say thank you to every attorney that took the time to read this.
Second, Is there any part of the way this whole thing went down that is shady, unethical and or wrong to be charging me?
Third, I can only guess that this person wanting to be compensated recieved my telephone number from the female officer. I don�t know how the female officer and her partner arrived at the lot in February, if they were called to the lot or they saw me and decided to question me.
Fourth, my friend�s court proceeding�s are seperate from mine (not co defendents) different case numbers.
I just thought there is something not right about this whole thing, and hoping there�s an attorney out there who can offer some kind of help. Thank you
1 Answer from Attorneys
You need an attorney, especially given your record.
The officers are correct; entering private property, without permission, can be trespass.
Permanently removing property, without permission, can be theft.
Even from your description, it appears the officers acted correctly.