Criminal Trespassing

[BLiNG13]

What is the name of your state? Texas (Williamson County)

I'm a juvenile, I've been charged with criminal trespassing, which is a class B misdemeanor. I have a few questions I just want to ask that are bugging the heck out of me. I'll tell the story first.

I was waiting for a friend down the street, since it was 7:30 in the morning, my dad was not awake, and this friend had a particularly loud exhaust on his car, and my dad is not too fond of him. I told him to meet me down the street because I did not want the exhaust to wake my dad. I was waiting in a cul de sac down the street from my house for him, and I decided to walk into the backyard of a house where the people who were living there were on vacation just to wait for a while. I stayed back there for about 2 minutes, and then noticed that for some reason, the gate was open on the other side of the fence. I then left the backyard. A neighbor across the cul de sac saw me, and detained me. Meanwhile, another neighbor called the sheriff's deparment. After he came out, the first neighbor asked to see ID. I showed him my ID just to verify who I was, and he took it and photocopied it. He came out, and gave it back to me. The police officer arrived, searched me, handcuffed me, took reports from the neighbors, took my information down, drove me to the annex, fingerprinted me, and I was in custody until my parents came.

First... I was handcuffed, put into the back of a police car, and taken to a police station where I was questioned and fingerprinted. I was never once read my miranda rights. Will this have any effect on my case if the judge knows?

Secondly, the police officer which arrested me and gave me the citation screwed up. He gave me a citation for a class C misdemeanor, and the next day, he told me I had to come in and get reprocessed because he wrote a citation for the wrong class misdemeanor, on a traffic citation, no less. Will the fact that he misprocessed me have any affect in court?

Thirdly, is it even legal for the neighbor to hold a photocopy of a military issued ID? Since on the back, it is printed "Property of the US government" I'm not very sure that this is legal.

Fourthly, what is the likelyhood of a judge suspending my driver's license, or witholding the issuance of a driver's license to me?

Fifthly, what is the probable punishment in this case?

Thank you very much for your help, I deeply appreciate it.

 

[pass23431]

Whatever your reasons may be, you were in fact, trespassing. As far as the police not reading you your rights, you can always try, but I would say no, this will have no bearing because: The cop is going to say that he did read you your rights, and unless you have the event video or audio taped, it will be his word against yours, and guess what? Courts will usually side with the cops. A criminal trespass charge, or even conviction will have no bearing on your driver's license whatsoever.

 

[racer72]

1. Your rights only need to be given prior to questioning. You were not questioned, they did not have to give you your rights. Only on TV do people get their rights read when arrested, it adds to the drama of the show.

2. Nothing wrong here. Fixing errors prior to court is a good thing for the officer.

3. You should have told the to pack sand. He had no legal authority for doing that. It will not effect your citation though.

4. Should not effect your license unless you are under some kind of probation.

5. A fine and possible probation.

 

[BLiNG13]

I was questioned after I was handcuffed on a number of things. I was questioned at the scene, and at the annex. Never once did the officer state that I was under arrest. An arrest is defined as being handcuffed, and taken into custody. So, yes, I was questioned by a police officer and 2 detectives, but never once read my rights.

 

[TYRIS]

I was questioned after I was handcuffed on a number of things. I was questioned at the scene, and at the annex. Never once did the officer state that I was under arrest. An arrest is defined as being handcuffed, and taken into custody. So, yes, I was questioned by a police officer and 2 detectives, but never once read my rights.

-if you were questioned in regards to the tresspassing charge after being arrest, without your Miranda rights, then your statements can be thrown out. However, those same statements can still be used to impeach your testimony if you testify differently. Besides, the police technically don't need your statements, they only need the witnesses.

The fact remains that you were in fact tresspassing.

Tyris