Trespassing to exit/enter State Park Trail

[Boomer7595]

State: MARYLAND

The crime: 6-402. Trespass on posted property

30+ acre private property - cultivated fields. Surrounded by State Park and public roadway.

Me - hiker following a well established unmarked trail through the Park that dumps out several times on the edge of the field. I follow along the edge of the field and resume the trail back into Park woods and then follow trail to where it comes to the edge of the open field which is 150 or so feet from the roadway. I follow that 150 feet of trail to the roadway. I then walk 1300 feet to my house further down the road.

The owner saw me walking the trail on the EDGE of their field to the roadway. They have to be lucky enough to be driving by on the road to notice. One year ago this happened and I simply told the owner my name and told him do what you have to do - I'm hiking. Police didn't do anything. Fast forward - now year later. They see me again. They call the police. I'm finished the hike and am at home sipping wine and petting the dogs when the police come. (it takes them a long time to come to our remote end of the county) I admit it and cooperate completely.

It's weird to have a trail(s) take me through the Park and then in and out of private property and again through private property to the roadway. Unfortunately there is no other reasonable way to avoid that 150 feet of private property to get to the road. It's overrun with thick brush, briars, rocks, ditches.

History: I've been hiking various trails and have used this particular 150 ft stretch and it's trail as my means of egress and ingress for 6 years. Last two years it has been posted. That seems to coincide with the Park making the area an "unmanaged hunting area". Hunters do use the area. The adjacent owners of "the" private property hunt too. I never hunt, shoot, destroy, trash... I simply hike. It's a simple, innocent pleasure in life I enjoy. It's odd to be my age, professional, no record, and think I'm a criminal. The whole thing is out of my element. Humourous at some level, silly too, but I have to take it serious. I wonder where this stands relative to all the activity that must pass through the MD judicial system.

So I guess I'm a evil hiker criminal facing up to 90 days in jail and $500.

What to do?


What is the name of your state? MD

 

[JETX]

What to do?

Pretty simple.... stop trespassing on someone elses property!!!

 

[Ozark_Sophist]

Is the property posted? fenced? How do they know where the property line actually is? Perhaps the field encroaches on the state park

//oh, trespass on posted property. Is it properly posted? Missouri law is there must be signs or marks posted every 100 feet (if I remember correctly--too early in the morning ). The marks can be purple paint on a tree trunk or fence post. I don't know how it is in Maryland.

 

[JETX]

Missouri law

Who the hell cares what Missouri law says on this issue... which is in Maryland???
Guess you need to buy an atlas, or maybe a US map.

 

[JETX]

Yes, why didn't I think of that? Thanks Alan JetX D.

I knew Alan Dershowitz would come through.

Of course, you're welcome.

I really can't imagine what other response you expected from an online forum. Your own post admits you KNOWINGLY trespassed (remember when you did the same thing a year earlier??)
"One year ago this happened and I simply told the owner my name and told him do what you have to do - I'm hiking. Police didn't do anything. Fast forward - now year later. They see me again."

So, you clearly KNEW what you were doing was illegal... and your first trip got you a clear warning. So, you decided to do it again??
And now you come whining and crying "What to do?"
The obvious answer is... don't do it again.
The next (also obvious) answer is... Either plead guilty and learn from your stupidity or present a defense (but then you really don't have one, do you??).

 

[CdwJava]

I would suggest consulting an attorney. You can probably negotiate this out with a simple, "I won't do it again." I doubt the District Attorney wants to deal with this, so he may be willing to make a deal that will make the property owner happy and keep you without a criminal record. If the property is properly posted pursuant to MD law, than you have no real defense, so a deal might be the way to go.

- Carl

 

[Boomer7595]

Interesting question Ozark about the posting and if it is done properly. I don't know. It looks like it's tack a sign up on a convenient tree. Some trees have park and private property signs. Some questionable areas have no clear posting. Certainly not like Missouri law requires.
One of the Park employees mentioned the private property owners have posted Park property in the past. I take it there is some history with these owners and the Park.
It makes me wonder if the trail really touches on private property.

I believe one could make a case out of it. I think CdwJava makes a good and realistic point. No DA wants to pursue this. It's kind of silly. I wouldn't mind having the owners prove their property boundary - but I'm an evil hiker.

Thanks for your thoughts.

and Alan JetX Dershowitz... thanks for your continued brilliance. More... Please.

 

[JETX]

Missouri law is there must be signs or marks posted every 100 feet (if I remember correctly--too early in the morning ). The marks can be purple paint on a tree trunk or fence post. I don't know how it is in Maryland.

If you don't KNOW how it is in Maryland, why did you post. Last I checked, Missouri is NOT a part of Maryland and their laws don't hold squat there.

 

[JETX]

Interesting question Ozark about the posting and if it is done properly. I don't know.

And of course, that doesn't matter since your PRIOR warning was sufficient. There is no need for you to get TWO warnings... unless you are an idiot.

I believe one could make a case out of it.

'One' could... but since you were already on notice, that 'one' isn't going to be you.

BTW, the laws on trespassing in Maryland can be found in Subtitle 4 at:
http://198.187.128.12/maryland/lpext.dll/Infobase/161db/17292?f=templates&fn=document-frame.htm&2.0#JD_crt6

Take a particular look at WANTON trespass... which is when you KNEW your entry would be trespassing but did it anyway!!

 

[Boomer7595]

Prior warning? You misread, but thank you for your brilliant responses and adding value. Please continue.
I asked Ozark and a few others to post about their laws. If you have an issue with someone sharing their state's trespassing issues take it up with me. I'm the one asking. What are the laws in your state?

 

[justalayman]

Alan Jetx Dershowitz - I knew you would respond. Your so predictable.
Prior warning? You misread, but thank you for your brilliant responses and adding value. Please continue. Oh and that link... brilliant. You found it too - very good. You are good!

I asked Ozark and a few others to post about their laws. If you have an issue with someone sharing their state's trespassing issues take it up with me. I'm the one asking. What are the laws in your state?

One year ago this happened and I simply told the owner my name and told him do what you have to do - I'm hiking. Police didn't do anything

that sure looks like prior notice to me.

I asked Ozark and a few others to post about their laws.

Not in your post you didn't. The following is the only question in your first post.

What to do?

and the only other questions you posed is this:

Prior warning?

What are the laws in your state?

which were both in your last post.

and if you looked at JETX's posted url, you would see that Maryland is not very specific on the reqirements of posting to be legal.

So, bottom line would be; stop trespassing on anothers property. You excuses are meaningless.

 

[weenor]

Prior warning? You misread, but thank you for your brilliant responses and adding value.

Boomer = One year ago this happened. . .

 

[Boomer7595]

Do you assume everyone that posts is saying they are innocent? Excuses? and there was no warning from police prior. So what are the laws in your state for posting? You sound like an Alan JetX Dershowitz underling, i.e. very intelligent and helpful Please tell me more. I love to get advice in my situations from the best. Your and AJD are the best.... maybe even one and the same.

 

[justalayman]

Do you assume everyone that posts is saying they are innocent? Excuses? and there was no warning from police prior. So what are the laws in your state for posting? You sound like an Alan JetX Dershowitz underling, i.e. very intelligent and helpful Please tell me more. I love to get advice in my situations from the best. Your and AJD are the best.... maybe even one and the same.

Ok then, you are accepting your guilt? So pay the fine and trespass no more. It would be wanton (isn't that a Chinese soup) after that without an arguement to support you any more.

You inferred the police were at least contacted one year prior. That would be proof enough of your notice by the owner.

I haven't bothered to check the laws in my state. I know that if I am not on my property and I have not recieved permission from the owner, I am trespassing. It's as simple as that. I don;t play the "I didn't know it was private property game" That is so chicken **** of those that do.

I see the forum won;t let me post **** so I'll post poop instead.

and thanks for the complement (at least from my perspective) Jetx has shown himself to be a very knowledgable man. Not always the nicest, often the least diplomatic, but knowledgable and intelligent. Thanks.

 

[CdwJava]

and there was no warning from police prior.

There likely is no need to be warned by the police. A warning form the person in control of the property can suffice. Whether a year-old warning, and a single tacked sign are sufficient would be up to a court. Personally, I'd talk to that lawyer and work out a deal to stay off the property. Failure to come to some sort of resolution could well result in your going to trial over the trespassing - and this COULD be expensive.

- Carl