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Arrested for Trespassing

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kewlii

Junior Member
What is the name of your state? Florida
Couple days ago I was arrested for fishing at a bridge's contruction area. I was arrested for trespassing and it was a felony. I am being released on RoR, and the judge told me that I will find out if the state decides to charge or drop the charge within 30-45 days.
My question is what is my chance of the state droping the charge? and if state decides to charge me, how do i go about to fight this charge. I cannot afford a lawyer, and my income disqualifies me for PD. I was wondering if there is a limited area for public access for the water line even if there's construction going on? can someone please give me some pointers how to start building my case?? thanks
 


xylene

Senior Member
What is the name of your state? Florida
Couple days ago I was arrested for fishing at a bridge's contruction area. I was arrested for trespassing and it was a felony. I am being released on RoR, and the judge told me that I will find out if the state decides to charge or drop the charge within 30-45 days.
My question is what is my chance of the state droping the charge? and if state decides to charge me, how do i go about to fight this charge. I cannot afford a lawyer, and my income disqualifies me for PD. I was wondering if there is a limited area for public access for the water line even if there's construction going on? can someone please give me some pointers how to start building my case?? thanks
Tell us exactly what you were charged with please.
 

xylene

Senior Member
Felony Fishing? What the heck kind of bait were you using?:eek:
I suspect the area was a posted construction site. Trespassing in a construction site is a felony in florida.

I hope the OP comes back with more info and exact information.
 

kewlii

Junior Member
I suspect the area was a posted construction site. Trespassing in a construction site is a felony in florida.

Yes, that's correct. I was fishing in a posted construction site. and Trespassing in a construction site is a felony in florida. And the construction workers(just regular workers, not a supervisor) told me I could fish there untill 7:00 AM which is the time when they start working. I was arrested at 6:00 AM. and at night time, people fish in the same area as i fished all the time. I am on RoR, and judge told me to wait to see if the state wants to charge or drop the charge against me. So question is what is the chance of state dropping the charge? and if it decides to charge me, how do I go about the build my case?? I can't afford a lawyer, i am living pay check by paycheck. and I dont think i can get a public defender due to my income. I have no prior criminal history. my record is clean. I was told that even within a construction area, there should be a limitted area from the water line to the construction area for public access. if that was true, then i guess i could fish there as long as i am in this public access area. How do i go about to find all this info? can someone give a website or point me to a right direction?? thank you guys.
 

xylene

Senior Member
I was told that even within a construction area, there should be a limitted area from the water line to the construction area for public access. if that was true, then i guess i could fish there as long as i am in this public access area. How do i go about to find all this info? can someone give a website or point me to a right direction?? thank you guys.
Told this my whom?

I am not aware of any provisions that mandate public fishing access in this circumstance.

If you were given permission by the contractor, or his agent (someone in charge) or someone you reasonably believed to be in charge, it would seem that you are not trespassing. IE venturing WITHOUT permission is the crux of the offense.

I'm not sure why you are you are not answering my first question, so I ask again?

What exactly (this should be a statute number) were you charged with?

ALSO:

Please specify the exact circumstances of-

Arrest (what agency, what prompted their investigation etc.)

The permission from the contractor

The public fishing access at this site (Is this a designated, legal public fishing site when construction is not ongoing? And I don't mean lots of people fish there. I mean is there signage from the state agency specifically designating fish rights.)

VERY Important:

WAS the site posted for trespassing, with the specific written warning that the area was a construction site and that trespassing in the area is a felony?

Last - Did you have to enter any curtilage (climb a fence, go around a barrier, enter a gate) to access the area?
 

kewlii

Junior Member
I was told about the pulic access by a guard while i was in jail :) . so I guess that didnt mean anything :)
A few days before I got arrested, a worker at the construction site told me I could fish at the site as long as I leave the area before workers start their shift which is at 7:00am. but remember this construction guy is just a regular worker...he is not in charge at the site.
I thought i said that i was arrested for trespassing. Here is the Florida Statute on the ticket that was given to me by the police 810.09
The Treasure Island police arrested me on a daily routine patrol of the area.
There was no written permission was given to me to fish in the area..just words of mouth from a worker.
Yes, it was a public access fishing site when there wasno construction going on...people and I have fished there for years, and i am sure it was legal...There was no signage from state agency saying you can fish there even when the construction was not going on.
YES, the site was posted for trespassing, with the specific written warning that the area was a construction site and that trespassing in the area is a felony?
Yes, i have to enter a gate, but it is always WIDE open for the construction trucks go in and out of the site.
Man...it seems likeI am so screwed. My last hope is that...there is another entrance to the site; there is a wooden stairs on the currently in-use brigde leads down to the construction site, i hope there is no sign posted on this stair.
I hope all my answers have helped you to help me to answer my questions. thanks
 

xylene

Senior Member
I was told about the pulic access by a guard while i was in jail :) . so I guess that didnt mean anything :)
A few days before I got arrested, a worker at the construction site told me I could fish at the site as long as I leave the area before workers start their shift which is at 7:00am. but remember this construction guy is just a regular worker...he is not in charge at the site.
I thought i said that i was arrested for trespassing. Here is the Florida Statute on the ticket that was given to me by the police 810.09
The Treasure Island police arrested me on a daily routine patrol of the area.
There was no written permission was given to me to fish in the area..just words of mouth from a worker.
Yes, it was a public access fishing site when there wasno construction going on...people and I have fished there for years, and i am sure it was legal...There was no signage from state agency saying you can fish there even when the construction was not going on.
YES, the site was posted for trespassing, with the specific written warning that the area was a construction site and that trespassing in the area is a felony?
Yes, i have to enter a gate, but it is always WIDE open for the construction trucks go in and out of the site.
Man...it seems likeI am so screwed. My last hope is that...there is another entrance to the site; there is a wooden stairs on the currently in-use brigde leads down to the construction site, i hope there is no sign posted on this stair.
I hope all my answers have helped you to help me to answer my questions. thanks
There are many kinds of trespassing charges, hence why the exact statute you are being charged under is extremely important.

Some possible defenses.

1) You were given permission by someone you believed had authority to give you permission. Do you have any idea who told you this? Could you find them?

2) The are was not properly signed


You do not have any defined fishing rights, so that is kind of out. I was hoping there were confusing or contradictory signs that would direct you the site as a fishing area.

If your charges are not dropped, you need to find a lawyer. A felony wrap is something you don't want.
 

kewlii

Junior Member
still some hope

so there are at least 4 entrances into the construction area. and one of the entrances doesn't have any "No Trespassing" sign. A few pictures were taken, and i am hoping i can base my defense on these pics. I am just not sure if these pics are clearly showing that the site is not proberly posted. you know, the technique that i should take the pics what what not.
Xylene, could you please give me some inputs of the pics if i send them to you? or that's just too much to ask?? Thanks guys.
 

xylene

Senior Member
you are welcome to post the pictures to an anonymous picture hosting website.

I do not communicate other than in public discussions for safety reasons.

I am not a lawyer, I am a lay citizen who lived in Florida and likes researching legal questions.

If you can't afford a lawyer, try to get a loan.

The trespassing statute includes detailed information on what is or is not adequate.

the relevant section is 810.011

You can and should review all the relevant laws for your own peace of mind. They can be easily found using google or the search engine of your choice.
 
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