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Defiant/Criminal Trespass

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mrmanheim

Junior Member
What is the name of your state (only U.S. law)? PA

My son (16) was cited for Criminal/Defiant Trespass. He was sitting on a ramp adjacent to a public street with other kids eating.

Cop stopped by talked to one of boys and then told them they couldn't be there, had to leave. About 3 weeks later I get citation in mail. citation was for defiant trespass and criminal trespass and noted that some boys in group were warned about hanging out here before. My son was not warned prior.

Question is what defenses could he have? He was neither defiant nor involved in any criminal activity prior to officer's arrival and he cooperated with the direction. They used to hang out here off and on over years. He was told he could not be there and workers at the business frequently chat with the boys. There is little clear delineation between the area and the public street. The building has a "no trespassing" sign posted, above door. It is visible from the street, but this building is about 30 yds away and the kids weren't near the building.

He knows now not to go there, but is there an effective means of defense?
 
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JETX

Senior Member
He knows now not to go there, but is there an effective means of defense?
Yep. All he has to do is to force the court to show that he was 'prior noticed' of the trespassing or that he was not there at the date/time shown on the citation.
 

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