Legal Question in Criminal Law in Illinois

teenagers trespassing on RailRoad property

Two 15 year old boys spotted a handicapped sign and post in a ditch. Thinking it would be ''cool'' to have the sign for their rooms, they later returned with tools to remove the sign from the post. To do this they moved the sign a short distance to a railroad track. They were noticed by a police officer, who believed they had not vandalized the sign, but who then cited them for trespassing on railroad property. NO signs are posted. They have a fine and a mandatory court date. Does this have to go on their permanent record? Is this considered a criminal offence?


Asked on 5/16/03, 10:44 am

2 Answers from Attorneys

Re: teenagers trespassing on RailRoad property

It depends on their age, what exactly they are charged with, and what they negotiate and/or plead to, if they plead guilty or no contest at all, if the D.A. would allow expungement of the record upon reaching a certian age, etc. Basically, they need representation from an attorney. I could assist if you like. Regardless, I recommend that in such a case, you not rely on advice from any law firms on the internet, and that, it would be highly advisable to have counsel.

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Answered on 5/16/03, 12:31 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: teenagers trespassing on RailRoad property

Yes, trespass is a criminal offense - if the only circumstances are what you outlined, you may get lucky and get the charges dropped - get an attorney regardless to navigate for you. As far as punishment - it is up to the court - if they get a sentence of supervision and this is their first offense, they could get it expunged from their record down the line.

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Answered on 5/16/03, 1:09 pm


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