Legal Question in Criminal Law in Missouri
question about trespassing
Can a city police officer write a ticket to charge a person for trespassing on a state statute in a city court.
He wrote a ticket or trespassing. The City doesn't have any trespassing laws. The law he sited was a state statue. And the person arrest is to appear in a City court.
ALSO, in the latter of trespassing. Is there any state law in Missouri that states that it is illegal to walk on or over or near a rail road track. That is another ticket the officer wrote.
ALSO, can a police officer file a criminal complaint of trespassing if the owner of the property does not file a complaint?
2 Answers from Attorneys
Re: question about trespassing
Municipal Courts of Missouri (w/ two unique exceptions) are subsets of the County in which they are. The Counties are subsets of the State. Therefore, Municiapl Courts are State Courts in the sense that the Police and can arrest individuals for commitiing state offenses and violations. The Municipal Court can render Judgment on person convicted of state statute violations or offenses.
As to your last two questions, I am unaware of a specific statute covering stepping over or walking on a railroad track. But, it does sound like something that could be proscribed (made illegal) by law. As to criminal tresspassing charges filed despite no formal complaint made by the landowner, it would require more information before I could give you an opinion or advice on that.
Re: question about trespassing
Municipal Courts of Missouri (w/ two unique exceptions) are subsets of the County in which they are. The Counties are subsets of the State. Therefore, Municipal Courts are State Courts in the sense that the Police and can arrest individuals for commitiing state offenses and violations. The Municipal Court can render Judgment on person convicted of state statute violations or offenses.
As to your last two questions, I am unaware of a specific statute covering stepping over or walking on a railroad track. But, it does sound like something that could be proscribed (made illegal) by law. As to criminal tresspassing charges filed despite no formal complaint made by the landowner, it would require more information before I could give you an opinion or advice on that.
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