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Charged with Criminal Trespass II based on resident's identifying me....

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Ty0604

Member
OREGON

Friday morning shortly after midnight I was sitting in the common area of my apartment complex with the CA (basically the floor manager) when we saw a city police officer and two girls exit the elevator and go down the hallway. After about 10 minutes the officer came back and asked to speak with me so I went over and sat down at a table next to the officer. He began questioning me asking if I had entered another apartment in which I didn't live. I said I hadn't and was placed under arrest for Criminal Trespass II. He took me to the city jail where I was fingerprinted etc and let go after about 6 hours, without ever giving a statement.

On the way to the jail I asked which night this occurred and if I could have more details on why I was arrested. I was told that apparently, on the morning of January 13, I entered a neighboring apartment and left when I saw the occupants inside. The girls who had walked off the elevator with him had identified me as the one who walked into their apartment, which I later found out is down the hall from my apartment. He wouldn't tell me when it happened, just that it happened between midnight and 6a.m. on Sunday.

The thing is that I didn't do it. I was in the common area that night until around 10 watching the Packers game and then returned home where I remained until the next morning. I made a phone call at 12:49a.m. and remained on the phone until 1:54a.m. and then went to sleep. I never left the apartment during the said time.

I have court on Tuesday but can they really convict me because I was "identified" by the occupants? The fact is that it was a Saturday night/Sunday morning and there were multiple drunk people running around our complex. Our complex sits a block off of a university and 75% of the residents here are students at the university and there are a lot of parties on the weekend.

Why wasn't I given the option to give a statement? I think it's ridiculous that I was arrested based on what the two occupants said. I'm praying this occurred during the time I was on the phone. Otherwise I can't really prove I didn't do it. Lie detectors aren't allowed in Oregon. The commons area (which you have to walk past in order to get to the neighbors apartment from mine) has a camera but it faces into the common area and not in the hallway. My CA said he believes you can see someone's reflection in the window but I'm not sure how well they would be able to make out people walking by.

I think that about covers it. If you need more information please feel free to ask.

Thank you.
 


sandyclaus

Senior Member
OREGON

Friday morning shortly after midnight I was sitting in the common area of my apartment complex with the CA (basically the floor manager) when we saw a city police officer and two girls exit the elevator and go down the hallway. After about 10 minutes the officer came back and asked to speak with me so I went over and sat down at a table next to the officer. He began questioning me asking if I had entered another apartment in which I didn't live. I said I hadn't and was placed under arrest for Criminal Trespass II. He took me to the city jail where I was fingerprinted etc and let go after about 6 hours, without ever giving a statement.

On the way to the jail I asked which night this occurred and if I could have more details on why I was arrested. I was told that apparently, on the morning of January 13, I entered a neighboring apartment and left when I saw the occupants inside. The girls who had walked off the elevator with him had identified me as the one who walked into their apartment, which I later found out is down the hall from my apartment. He wouldn't tell me when it happened, just that it happened between midnight and 6a.m. on Sunday.

The thing is that I didn't do it. I was in the common area that night until around 10 watching the Packers game and then returned home where I remained until the next morning. I made a phone call at 12:49a.m. and remained on the phone until 1:54a.m. and then went to sleep. I never left the apartment during the said time.

I have court on Tuesday but can they really convict me because I was "identified" by the occupants? The fact is that it was a Saturday night/Sunday morning and there were multiple drunk people running around our complex. Our complex sits a block off of a university and 75% of the residents here are students at the university and there are a lot of parties on the weekend.

Why wasn't I given the option to give a statement? I think it's ridiculous that I was arrested based on what the two occupants said. I'm praying this occurred during the time I was on the phone. Otherwise I can't really prove I didn't do it. Lie detectors aren't allowed in Oregon. The commons area (which you have to walk past in order to get to the neighbors apartment from mine) has a camera but it faces into the common area and not in the hallway. My CA said he believes you can see someone's reflection in the window but I'm not sure how well they would be able to make out people walking by.

I think that about covers it. If you need more information please feel free to ask.

Thank you.
Perhaps the police feel they received sufficient evidence to prove you did it without the need to even get a statement from you (which, as you have already indicated, will basically be "it wasn't me, I wasn't there, and I didn't do it").

Since you haven't answered questions or haven't given a statement, DON'T. If the police or prosecutor wish to question you, exercise your right to remain silent, and demand to have an attorney present before they question you further.
 

Ohiogal

Queen Bee
People are arrested all the time based on the words of "witnesses" and even convicted based on the words of "witnesses". Before you talk to the police, go to youtube and search for "Don't talk to the police" and watch the video by a law professor. Anything you say CAN and WILL be used against you. You can help convict yourself by talking to the police. What other evidence do they need if someone SAW YOU commit the crime? Even if it wasn't YOU that they saw. Eyewitness identifications are assumed to be correct except by people who really know anything about it.
 

Ty0604

Member
Thanks for the feedback. I have court tomorrow. I'm not sure what's going to happen during the first court appearance. I assume I'll be given an attorney since I can't afford one. I'll check out that YouTube video this evening.
 

Ty0604

Member
I waited in court today for 2 1/2 hours only to be told I needed to come back on the 4th. I saw the paperwork though and I'm actually being charged with CT I and not II like I thought. Furthermore, the officer told me it happened on the 13th but the court paper said it happened on the 17th. They also had the wrong apartment down and my named spelled wrong. What a bunch of monkeys ^_^
 

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