Citizens Arrest for Trespassing? Was not arrested.

[yulaw911]

What is the name of your state (only U.S. law)? California


My girlfriend and I broke up about a month ago. It was a nasty breakup to say the least. I went to see her initially after the breakup and she called the police on me even though i was not being violent or acting irrational. After the police came they told me just to leave her alone and didn't take any record of it. After a few weeks she contacted me and we started talking again in a civilized way. We hung out a few times with me helping her with her papers for school and i still have those emails saved just in case i need them for evidence. We ended up getting into an argument over the phone and she started to ignore me.

I had a box of her things that i wanted to give to her but felt bad for throwing away. It was just a box of clothes she had left at my place and teddy bears. I texted her that i was going to drop it off but she never responded. I went to her house and went around the side to tap on her window that i was gonna give her her stuff back. Now i know it sounds odd that id come around the side of the house and not the front door, were both middle eastern and dating is very taboo so neither of our parents knew about us and we were keeping it that way, so anytime i came to see her shed tell me to come to her window and shes either sneak me in or come out. Anyway, i tapped on the window and she came to it and asked what i wanted. I had the box in my hand and i lifted it up and told her i had her stuff that i wanted to give back. She told me she had changed her number so she hadn't been getting my text messages. She said to email her my number and that shed call me in 20 mins and asked where i was waiting. I emailed it to her and have a copy of the email for the record. I went out of the backyard and waited by the end of the street and the police came about 10 minutes later. I was shocked. I wasn't acting angry or belligerent and if she had told me she was going to call the police again i would have left IMMEDIATELY.

The officer talked to me and got my side of the story and he checked out everything in my story and saw that the box i had just had old things in it from her and then went to get a statement from her. He then came back and said she was placing me under "citizens arrest" for trespassing. The officer did NOT arrest me. I have NOTHING on my record previously, not even a speeding ticket. The officer issued me a citation which has a court date on it and says PC 602-Trespassing on it and it has misdemeanor circled. I want nothing to do with this girl and all i wanted to do was return her stuff. Im scared out of my mind because im a pre-med student and am worried about this affecting my admissions if im convicted. What are the chances that the DA will choose to prosecute this? Ive been on the phone with attorneys all morning and some tell me that they will most likely not pursue as long as i don't contact her at all. Others tell me that this is extremely serious and that i NEED an attorney if i don't want this on my record at all. One of the attorneys told me that they are able to talk to the DA before the court date and can try to get it thrown out so i wont even have to appear in court. I have NO idea what to do. What are the most likely consequences if the DA does decide to prosecute?

 

[randolph76]

It doesn't appear to me that you trespassed at all. You left at the owner's/agent's request. However, I would recommend retaining an attorney for any hearing. It seems something about this story isn't quite right and qualified counsel could help prevent something from going on your record.

Do you have the subparagraph section under 602 that you were cited?

 

[yulaw911]

Yes it says section (0) and (2). I wasn't refusing to leave or being rowdy by any means. Also, i was not on the property when the officers arrived. Doesn't that show i left the property when asked? I know and understand that this is just my side of the story but i am being completely truthful as im trying to get the best advice. Im honestly scared out of my mind.

 

[CdwJava]

I went to her house and went around the side to tap on her window that i was gonna give her her stuff back. Now i know it sounds odd that id come around the side of the house and not the front door, were both middle eastern and dating is very taboo so neither of our parents knew about us and we were keeping it that way, so anytime i came to see her shed tell me to come to her window and shes either sneak me in or come out.

Did you have to enter an enclosed backyard? If so, if you entered onto the gated portion of a property without permission, then you have, arguably, committed trespass.

He then came back and said she was placing me under "citizens arrest" for trespassing. The officer did NOT arrest me. I have NOTHING on my record previously, not even a speeding ticket. The officer issued me a citation which has a court date on it and says PC 602-Trespassing on it and it has misdemeanor circled.

For the record, you WERE arrested. The citation is a promise to appear and is issued in lieu of a custodial arrest.

That does not mean the DA will file on the matter and the matter may never go to court, but you were, technically, arrested.

Im scared out of my mind because im a pre-med student and am worried about this affecting my admissions if im convicted. What are the chances that the DA will choose to prosecute this?

No one can say. It's probably slim if the police report reflects what you have stated.

If this is prosecuted, the most likely end result would be a fine and probation, and MAYBE a protective order telling you to stay away from her and do not contact her again.

 

[yulaw911]

Thank you a lot for your prompt reply. Should i go about in getting an attorney for this matter or take my chances on my own and hope it gets dismissed? Some attorneys are telling me they can most likely get the DA to drop it and i wont even have to go to court. Is this likely in a case like mine where i have no priors or anything? I don't know if they just want me to hire them or they are being completely honest.

 

[randolph76]

Obviously we don't have the full story. You were cited for failing to leave after being requested to do so. Make sure you keep the evidence you do have and seek counsel.

The PC 602(o)(2) states:

(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open
to the general public, upon being requested to leave by ... (2) the owner, the
owner's agent, or the person in lawful possession.

 

[CdwJava]

Thank you a lot for your prompt reply. Should i go about in getting an attorney for this matter or take my chances on my own and hope it gets dismissed? Some attorneys are telling me they can most likely get the DA to drop it and i wont even have to go to court. Is this likely in a case like mine where i have no priors or anything? I don't know if they just want me to hire them or they are being completely honest.

If you cannot afford an attorney, one will be appointed for you.

And, yes, if you pay one of them their retainer - possibly $1,500 or more - they probably can get the matter dropped because there is a better than even chance the DA will not file anyway. So, the attorneys that say they can get the matter dropped are just playing the odds. Without knowing the details, they cannot honestly guarantee it will be dropped, but they can play the odds.

 

[yulaw911]

By a lawyer being appointed to me if i cannot afford one, isn't that done at the time of the trial if it gets that far? Also, I'm in California and im a student and i was wondering how i would go about getting the most affordable attorney right now, i can make payments but i don't have cash readily available for a lump sum like $1500. Is there a website i can go to that will help me? Sorry for so many questions im just trying to get a complete handle on this.

 

[CdwJava]

By a lawyer being appointed to me if i cannot afford one, isn't that done at the time of the trial if it gets that far?

The exact timing might vary a bit by county, but that is an issue to be raised at the arraignment.

If your county has a public defender's office, you can inquire with them. If not, then you either inquire with the court before your hearing ate or raise this when asked at your arraignment.

If you want to look for a private attorney your county bar association might have a website to help you out, or you might have to make a phone call to them should you wish.

 

[yulaw911]

Thank you, If she doesn't want to press further charges or press the matter does this affect whether or not the DA takes the case? Or is it all in the DA's hands now?

 

[randolph76]

I would not recommend contacting her any further. You will need some patience and see how this plays out. No one here has a crystal ball.

Take Cdwjava's advice and contact the local Bar Association for referrals of attorneys who may take your case on a payment plan.

 

[I_Got_Banned]

Thank you, If she doesn't want to press further charges or press the matter does this affect whether or not the DA takes the case? Or is it all in the DA's hands now?

Its the D.A.'s call.

 

[yulaw911]

I just spoke to an attorney i most likely will be hiring. He was very straight forward with me and didn't candy coat anything. He was pretty confident that he could get the DA to not pursue the case and told me he would be shocked if they did. He almost guaranteed me that it wouldn't go to trial. He didn't seem like he was trying to talk it up and put it lightly but was very confident. Does this seem likely? Or should i look somewhere else. Sorry, just trying not to get ripped off.

 

[randolph76]

The most important thing is to pick a competent lawyer that you feel comfortable with. If that's the case then by all means use them.

When I picked a lawyer I went to several and after many interviews it becomes clear who knows what they're talking about and who just wants a quick buck. You start to pick up on subtle differences on how they talk and hold themselves. If after talking to the lawyers previously you feel most confident with this one then there ya go.

 

[Wonderwell]

I just spoke to an attorney i most likely will be hiring. He was very straight forward with me and didn't candy coat anything. He was pretty confident that he could get the DA to not pursue the case and told me he would be shocked if they did.

Yes, it is always good to have confidence in the attorney you plan to hire. But always beware, lawyers are scum. I once had an attorney tell me a similar story then deliberately not do what he said he would do in order to, I believe, compel me to retain him for a trial. This matter is not that serious. If you don't plan on hiring an attorney for trial, maybe tell him that if the d.a. does choose to file the charges, then you would be going with the public defender after that. This would stop him from trying such a tactic as described above if he knows he won't be able to proceed to trial. Anyway's. CdwJava made a point which I feel needs to be corrected. Above, he said:

"Did you have to enter an enclosed backyard? If so, if you entered onto the gated portion of a property without permission, then you have, arguably, committed trespass."

I do not believe this is entirely accurate under the California penal code...

California Penal Code 602 (k) states that the following acts are crimes:

(k) 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.

California Penal Code 602 (L) states that the following acts are crimes:

(l) Entering any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner's agent or of the person in lawful possession, and (1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner's agent or by the person in lawful possession to leave the lands, or (2) Tearing down, mutilating, or destroying any sign, signboard, or notice forbidding trespass or hunting on the lands, or (3) Removing, injuring, unlocking, or tampering with any lock on any gate on or leading into the lands, or (4) Discharging any firearm.

You did not enter a fenced property with the intent to interfere or harm the owners property rights...etc. Therefore, the only penal code i think you could be charged with, possibly, is P.C. 602(o) which generally states that it is unlawful to refuse to leave a property you have entered upon the request of the owner.

I would immediately obtain the police report in this case before you decide to take any deal the D.A. might throw at you.

What I see happening, worst case scenario, because their case is nothing, is that they would offer you a deferred adjudication of guilt, where you would plead guilty, be put on probation for one year, and if you stay out of trouble for that one year, the charges against you would be dropped and you would never have to tell an employer you were arrested for this charge. It would not be on your record. That is one possibility. But I think even that is too harsh for you. Like said above, you need to get the police report to see if it says that she said you refused to leave after being asked by her. If it does not say this in the police report, then there is no valid criminal charge against you and you should not accept probation or the plea bargain deal. Talk about this stuff with your attorney. If he says he thinks they can get you for trespass, ask him under what penal code. Don't let him give you a line of crap.

Just to know, where there any fences on the property? Did she tell you to leave and did you refuse?