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Charged with trespass for pulling over for 2 min. No physical copy tact with anyone

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Adambanana

Junior Member
was sited for def tres posted in pa for pulling over into a parking lot. And also charged with scatter rubbish union land/stream. 18 3503 b1ii and 18 6501 a1 . But I got these charges in the mail? Someone called the cops and lied now im getting charged? I was in a company veichle looking at directions. My boss had to plead guilty so he could transfer them to me, but im innocent unless they want me to look at my gps while driving. How do I fight them? No cameras on the site where i was. What proof do they have and what do they actually need to charge me.
 


FlyingRon

Senior Member
Despite how you see on TV, criminal charges don't always result in the police barging in and catching you red handed, reading you your rights, and hauling you off to the slammer. When they know who and where you are, the wheels of justice can be pretty slow in PA. Typically it can be three months or more before misdemeanor charges are filed and yes, you'll get them in the mail. If you are charged, you should consult a lawyer.

Eh? You're whether they look at your GPS or not has no bearing on your innocence. You mean you think they only PROOF they have of your crimes is your GPS. That may not be the case, but your lawyer can find out once you are charged.

Here's what you can expect if they proceed on this.

You'll get a summons for the Preliminary Arraignment/Preliminary Hearing. This is the best time for you to have an attorney who can find out what exactly they have against you and negotiate things down (perhaps to a summary offense which other than a small fine has no long term effects). The other thing that would avoid a conviction is ARD where you serve a period of probation and if you don't screw that up, everything gets dismissed. Note ARD is by and large entirely at the discretion of the prosecutor, so best to have a lawyer see about getting that (this is not cut and dry like a DUI).

Unless you get this dismissed or knocked down to a summary offense at the Prelim, you'll be formally charged and given a date for your arraignment. Depending on what sort of trial you want (plead guilty, bench trial, jury trial) the date will be scheduled for the trial.
 

Just Blue

Senior Member
was sited for def tres posted in pa for pulling over into a parking lot. And also charged with scatter rubbish union land/stream. 18 3503 b1ii and 18 6501 a1 . But I got these charges in the mail? Someone called the cops and lied now im getting charged? I was in a company veichle looking at directions. My boss had to plead guilty so he could transfer them to me, but im innocent unless they want me to look at my gps while driving. How do I fight them? No cameras on the site where i was. What proof do they have and what do they actually need to charge me.
But I got these charges in the mail?
We can't say.


Someone called the cops and lied now im getting charged?
Again we can't say.



Utilize the question mark better. ;):)
 

OHRoadwarrior

Senior Member
It is possible, but very rare for a brief pull over to result in trespass charges. I have actually had an officer stop when I pulled over because snow clogged my wipers. He asked what I was doing, I explained and finished cleaning them, then left. Your boss pleading guilty and witnesses to littering seem to indicate it was much likelier one of you had to urinate, pulled over and tossed something in the stream in addition to bodily fluid. I would get a lawyer and follow his advice. Even if you were driving, your boss told you to pull over it was an emergency, you complied and he did these things, your lawyer may not be able to get out of them.
 

FlyingRon

Senior Member
Defiant trespass requires more than just straying into a parking lot. It requires him to specifically told to get out or that the property was sufficiently posted under the statute or fenced off in a way that makes it clear that the trespasser isn't welcome. I suspect there's more to this story than we are getting. 18 PaCS 3503 is the trespass statute. 6501 is the "scattering rubbish" statute. 6501 (a)(1) (for the first offense) is only a summary offense. The trespass is a misdemeanor.

Physical contact isn't an element of either charge.

Your boss's testimony is going to be pretty damning to you. They don't need your GPS (though I suspect your boss would roll over if he's already done so).
 

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