What is the name of your state? Kansas
My brother and I were on a casual motorcycle ride when we turned into a private community. This community is not gated but does have a guard station at the front. I have worked in the community before so I knew my way around very well and have never stopped to speak with the guard on duty. On this particular day I drove through the entrance without stopping when my brother was halted by the guard on duty. The guard asked him if he was a member of the community, my brother said no - he was with me. The guard told him to tell me I needed to stop the next time I came through and waved him in. The community is a big lake with a road that circles it so that the entrance is also the exit. 3/4 the way through a police officer stopped us, asked if either of us were members in which we both responded with a "no" then requested our drivers license and told us he would follow us to the gate. At the gate he told us we were under arrest for Criminal Trespass and that we would need to follow him inside to fill out some paperwork. Once inside he asked all the pertinent information regarding our identities and documented our responses. We were both charged with Criminal Trespass and told that our citations would act as our bonds. Nether of us were read our Miranda Rights upon being told we were arrested as well neither of us were asked why we were on the property( the road ). The officer was rude and cursed at us several times when both of us were being more than cooperative with his demands( honestly we were being good in hopes he was asking us to leave which never happened ). The Kansas statute is as follows for Criminal Trespass http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/21-3721.html
What can we do when court comes to get out of this? What are the typical fines involved ? Is a class B nonperson misdemeanor horrible on your record in comparison to a traffic violation?
Thanks in advance for any response to this thread. Your knowledge, time, and assistance is greatly appreciated.
My brother and I were on a casual motorcycle ride when we turned into a private community. This community is not gated but does have a guard station at the front. I have worked in the community before so I knew my way around very well and have never stopped to speak with the guard on duty. On this particular day I drove through the entrance without stopping when my brother was halted by the guard on duty. The guard asked him if he was a member of the community, my brother said no - he was with me. The guard told him to tell me I needed to stop the next time I came through and waved him in. The community is a big lake with a road that circles it so that the entrance is also the exit. 3/4 the way through a police officer stopped us, asked if either of us were members in which we both responded with a "no" then requested our drivers license and told us he would follow us to the gate. At the gate he told us we were under arrest for Criminal Trespass and that we would need to follow him inside to fill out some paperwork. Once inside he asked all the pertinent information regarding our identities and documented our responses. We were both charged with Criminal Trespass and told that our citations would act as our bonds. Nether of us were read our Miranda Rights upon being told we were arrested as well neither of us were asked why we were on the property( the road ). The officer was rude and cursed at us several times when both of us were being more than cooperative with his demands( honestly we were being good in hopes he was asking us to leave which never happened ). The Kansas statute is as follows for Criminal Trespass http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/21-3721.html
What can we do when court comes to get out of this? What are the typical fines involved ? Is a class B nonperson misdemeanor horrible on your record in comparison to a traffic violation?
Thanks in advance for any response to this thread. Your knowledge, time, and assistance is greatly appreciated.