what's my charge?

[webbybug123]

I'm a young woman living in Illinios, and as I'd like to go to college and get a job someday, I need to know exactly what to tell my would-be employers.
I was in Georgia for a protest, actually a Ft. Benning, trespassing on goverment property without (I guess the word I'm looking for is "permission"?) and was arrested within 1 minute of crossing onto the property. In other words, they were just standing there waiting for me. I was unarmed, and had no intent to do anything except sit and sing protest songs with the rest of the group I came with. We all (about 6 of us) crossed and were arrested.
The people there were very rough in handling us, but I guess they had the right. They put me on a police record or something and told me I have a Felony charge for trespassing. Can someone explain please? And is it as bad as I think it is?

 

[stephenk]

other than being arrested, were you ever back in court to resolve the matter? did you ever receive any paperwork from the court? did you ever pay any fine? when were you arrested?

 

[webbybug123]

No, I never had to go to any court, they gave me one sheet of papaer there that I had to sign, and I was 17 at the time. They said they didn't usually give charges to minors, but I was an ecception because it was only a year's difference. they also gave me a five-year ban-and-bar for the trespass, or that's what they said. I haven't been back, but I'm 19 1/2 now and having trouble remembering exactly what was going on then. I don't have the papers anymore, I moved out of my parent's house since then and left all that there.

 

[loocpoc]

You were charged with 18 USC 13 under Georgia law with trespassing. There is no specific federal trespass law for Department of Army properties . Also you werent arrested, you were apprehended, detained and issued a citation for you to go to Federal court. You were givin a barment order which forbids you to go on the Ft. Benning for the next 5 years or you will be charged with 18 USC 2387. If you failed to go to court, you most likely have a federal bench warrant for your arrest.

I guess you are one of those folks protesting the schools of the americas?

 

[JETX]

ACTUALLY, no one here can 'guess' what you might have been charged with, or if you were even charged.
You need to contact the court or agency that processed you and get a copy of the record and charges. After you do that, come back here and someone will try to help.

 

[webbybug123]

I think I would have remembered going to court, and I'm positive that there wasn't anything requiring me to be anywhere later. I'm an excellent reader and I think I or my Dad, who was also there, would have noticed if I'd had to stick around. No, I rember that I was told I could leave and that only the people who resisted arrest were needed in court.
And yes, I was one of 2 minors out of about 80 people who were "aprehended" at the school of the Americas protest, which I beleived strongly in (protesting) at the time.

 

[JETX]

This is like that old television show.....
You come out from behind the curtain and give some vague 'hints' as to what your occupation or hobby (in this case, crime) is and the panel has a limited number of questions they can ask. After the questions, they must try to GUESS what your 'secret' is.
It was called 'What's my Line?' or in this case, "What's my Crime?".

Simply, we are NOT going to try to ask you questions to try to get a hint. Nor are we going to try to guess what it was YOU were charged with. Contact the authorities and get a copy of the documents.

 

[Pfaffing85690]

I can name that crime in three motions

 

[publius]

You were *most likely* barred from the base and told that you would be charged with violation of 18 USC 1382, entering a military, naval or Coast Guard installation for a purpose prohibited by law or lawful regulation. But that's a Class B misdemeanor (maximum sentence of 6 months), not a felony. If you never received a court summons or information after that (assuming you provided them with your true address), they may have decided not to prosecute. But the only way to know is to check with the court (Ft Benning may even have a federal magistrate court on post), the base JAG office, the local U.S. attorney's office, and/or the local DA's office.

Technically, if you were only handled by military police (no civilian law enforcement involved), it is possible that you were never even under arrest, only "detained." Military police are generally not allowed to "arrest" civilians because of the Posse Comitatus Act.

 

[loocpoc]

Technically, if you were only handled by military police (no civilian law enforcement involved), it is possible that you were never even under arrest, only "detained." Military police are generally not allowed to "arrest" civilians because of the Posse Comitatus Act.

Actually military police may apprehend civilians in the commission of a crime occuring on federal property. Military police do not have arrest authority per DoD directives and army directives.

Here is the actual army directive:
http://www.globalsecurity.org/military/library/policy/army/fm/19-10/Ch10.htm

PCA deals with military law enforcement authority in the civilian world and the use of the army and air force as a posse (the navy and marines corps are not subjected to pca as a matter of law but rather by policy). Also excluded are state troops of the national guard as their Commander in Chief is the elected governor of the state.

 

[publius]

Actually military police may apprehend civilians in the commission of a crime occuring on federal property. Military police do not have arrest authority per DoD directives and army directives.

Right. Like I said, her status would be detention, not arrest. MPs (Army) and SF (Air Force) can't place you under arrest. They can only "detain" you until you can be handed over to civilian authorities.

 

[loocpoc]

Right. Like I said, her status would be detention, not arrest. MPs (Army) and SF (Air Force) can't place you under arrest. They can only "detain" you until you can be handed over to civilian authorities.

Actually army military police and air force security forces can place you under apprehension which is the same as a legal definition of arrest.

 

[FRANKTIREGOD]

In Georgia 17 is considered an adult. You dont have the majority rights like voting,etc but if you are arrested,you do NOT go to juvenile,you go to big boys jail.

If you want this of your conscience,you need to check into it further.

I am of the opinion that you were detained and given a notcie that RETURNING to do the same thing would be a felony.

From what I have seen they really dont like arresting the protesters there unless they have to.

If you want to protest why not do it OUTSIDE the gates? It isnt like being inside the property line is going to make any difference.

Now if you WANTED to be arrested to show your point,I could understand actually walking onto the grounds but just to sing songs? I would have to say stay off the grounds.

 

[loocpoc]

Well she wasnt arrested by Georgia authorities. She was apprehended and detained by military police and under FEDERAL LAW she is still a minor.

 

[JETX]

Aw, come on now!!! Don't start arguing LOGIC with this guy. We will never get rid of him now!!!