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Son gets arrested for trespassing w/no sign posted

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M

mad@system

Guest
What is the name of your state? WY, my son and his friends(3 of them) went to a salvage yard about 6:30 pm, the sign reads as you enter the yard "Go to office for service". My son and friend get out, my son walks around looking for owner, 5 minutes later owner shows up and tells them they're trespassing and takes there information(d/l). My son's friend mentions to the owner there are two boys in your yard walking around, so he call the sheriff.

The boys told the officer that my son and his friend were walking out of the yard as they were walking in (grant you the yard is not locked) I say here say. The next day they go to the school where my son attends (college) and arrest him. Now talking with the oner of the property and other boys who were caught on property only got ciations not arrested. How in the world is it that my son gets drag out of school in handcuffs in the middle of school, no warrants exsist, yeah maybe a few tickets but not a warrant. We put up 500.00 bail, which I asume we don't get back since he failed to show up for court, I guess he was scared to what was going to happen to him. Should I get an attorney?
 


CdwJava

Senior Member
Your son needs an attorney. if he's over 18 it's his responsibility and not yours.

The property was obviously not property that your son and his pals had a right to enter! It was a commercial property and apparently not open to the general public for free wandering. If the charge was bogus, he should have appeared in court to answer the charges. As it stands, his failure to appear is going to look REAAL bad ... and will only make the court wonder what they were really doing there. Perhaps, to steal some parts? Who knows!

The point is, he needs to deal with it now - before it gets too big. It's a little crime now (unless stuff got stolen) but failing to deal with it may well result in punishments far greater than the original offense.

- Carl
 
M

mad@system

Guest
Close state

meaning the law doesn't reflect in other states, to my understanding how true this is i'm not sure. But if a warrant is issued they can't be arrested in another state because WY is a closed state, this is how it's being told to me. How silly does this sound?
 

BlondeIntel

Registered User
mad@system said:
What is a close state mean?
I've heard this used in a case where one state allowed a warrantless search in a certain situation and the other state did not. I don't see how it applies here.
 

CdwJava

Senior Member
If they enter a warrant into NCIC, then the warrant can be confirmed and served wherever the issuing agency chooses to. If they do not - or CAN NOT - serve the warrant out of state for whatever reason, then they cannot enter it in to NCIC by statute, and thus no other state would ever know about it unless they called WY ... and then it would possibly be unenforceable anyway.

- Carl
 
M

mad@system

Guest
Thanks Blondeintel

My son is incarcerated right now due to failure to appear in court. His friends think if they bail him out and leave the state they won't get arrested for any warrants pending against him; because it's a close state. I'm trying to figure all this out, and what kind of advice his friends are passing on to him.

My son never showed up to court for the trespassing ciation; oh but it only gets better, then my son and his roommates threw a party the cops were called; only to find under age drinkers there. My son and his roommates got a ticket and did a no show on that one, they picked up my son again at school before he could take his final. Now he sits and i'm trying to get word to him to get a public defender. His friends are trying to bail him out before tomorrow to leave the state.

I haven't gotten any sleep, i'm so mad at him; I have put out so much money to get him through this school. Now they may kick him out due to the arrests, and his final test was Friday to graduate. GRRRRRRRRR!!!
 

CdwJava

Senior Member
They will lose the bail money, your son will have an arrest warrant that will likely have a greater punishment attached than the original charge, and the buddies may find that they will be charged as an accessory to his crime or aiding a fugitive.

What fun!

I don't know how you might feel, but if your son has an arrets warrant hanging over his head, he can kiss any jobs that require a background check good bye, he can kiss most government loans or assistance goodbye, and he will always have to wonder WHEN he will get picked up for the warrant.

His choice.

- Carl
 
M

mad@system

Guest
Thanks Cdwjava for your advice

Being that he is already in jail now and i'm guessing will be seen in court tomrrow, should he ask for a public defender and do you think he can get this all straigthen out?
I don't want his friends to bail him out, call it tough love but he needs to face this and get it taken care of NOT RUN.
 

BlondeIntel

Registered User
So far, I've never had to deal with someone who forfeited bail or jumped bail. I don't fully understand the difference and don't know what your options are. Hopefully one of the other posters can address that part of your problem.
 

BelizeBreeze

Senior Member
He is an adult. So, unless you post bail for him or the 10% required for a bailbondsman, it's not your concern. IF one of his friends bails him out and he takes off, depending on what the bond consists of, any number of things can occur:

If the friend posts the entire bond using a surity (property of some sort) that property can be seized to satisfy the bond.

If the friend posts the 10% requried by a bailbondsman, the bailbondsman will revoke the bond and the friend will be on the hook for the other 90%.

Once your son is caught he will not only face the original charges, but also additional charges of skipping bond, failure to appear and,if he pisses off the judge or PA, no chance of getting a reduced or deferred judgement.

And yes, if he is 18 and doesn't have the funds, he can request a public defender.
 

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