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Trespassing Ticket please help

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jessicaann

Junior Member
I was recently caught trespassing on abandoned property in Highland Park, Michigan. I received a misdemeanor ticket and a court date. I don't know if i should ask for a plea or not. I am a photography student, when we arrived on the property, an abandoned school, there were no "no trespassing" signs anywhere, the doors and windows were all wide open. I had no idea it was owned by someone. We were not seen inside the building, the police stopped us as we were walking around the outside of the property.
I have a clean record. I don't know if i should ask for a plea and hope they don't charge me the maximum fine and put this on my record, or if I should fight it because of the circumstances. What should I do?
 


quincy

Senior Member
I was recently caught trespassing on abandoned property in Highland Park, Michigan. I received a misdemeanor ticket and a court date. I don't know if i should ask for a plea or not. I am a photography student, when we arrived on the property, an abandoned school, there were no "no trespassing" signs anywhere, the doors and windows were all wide open. I had no idea it was owned by someone. We were not seen inside the building, the police stopped us as we were walking around the outside of the property.
I have a clean record. I don't know if i should ask for a plea and hope they don't charge me the maximum fine and put this on my record, or if I should fight it because of the circumstances. What should I do?
If this is your first offense, you will, more than likely, be offered diversion, to keep the misdemeanor off your criminal record.

In exchange for a guilty plea, you must satisfy all terms of the diversion program within a probationary period (generally six months). If you satisfy all terms of the program, the trespassing misdemeanor will be discharged and dismissed. If you fail to complete all terms satisfactorially, on the other hand, the guilty plea can be entered and you will wind up with a misdemeanor record. This misdemeanor will need to be reported on college and employment applications and can affect not only these but loan rates, insurance rates, travel, and do all sorts of dastardly things like that.

I suggest you consult with an attorney in your area to go over your options. If you do not have time before your first appearance to speak with a lawyer, I suggest you plead NOT GUILTY at your arraignment. A pre-trial hearing will be scheduled. Between your first appearance and your subsequent hearing, I recommend you locate an attorney to advise and guide you.

Good luck.
 

single317dad

Senior Member
I was recently caught trespassing on abandoned property in Highland Park, Michigan. I received a misdemeanor ticket and a court date. I don't know if i should ask for a plea or not. I am a photography student, when we arrived on the property, an abandoned school, there were no "no trespassing" signs anywhere, the doors and windows were all wide open. I had no idea it was owned by someone. We were not seen inside the building, the police stopped us as we were walking around the outside of the property.
I have a clean record. I don't know if i should ask for a plea and hope they don't charge me the maximum fine and put this on my record, or if I should fight it because of the circumstances. What should I do?
The circumstances? You were on property that you knew wasn't yours. A little common sense would have led you to believe that the property belonged to someone else. Not the kind of circumstances you want to use in your defense. "I didn't know" is usually not the way to go in criminal defense.

That said, trespassing laws aren't exactly standardized form one place to another. It's likely you've been charged under one of the following statutes:

http://www.legislature.mi.gov/(S(50arlp2d4lcpbk55g2r4hdn0))/mileg.aspx?page=getobject&objectname=mcl-328-1931-LXXXV&query=on&highlight=trespass

And you may not even be guilty of the actual crime. An attorney would be an excellent idea.
 

OHRoadwarrior

Senior Member
As I advised on another forum, you do not appear to meet the definition of the state statute. You did not tell us the actual one you were cited for. A not guilty plea appears in order. You need a lawyer quick.
http://www.legislature.mi.gov/%28S%28ozslo0zpojik4ouyyhlh0a45%29%29/mileg.aspx?page=GetObject&objectname=mcl-750-552
 

quincy

Senior Member
To keep in mind for the future, jessicaann, and seeing as how you are a photography student, there are urban safari classes available for photography students which include visits to abandoned buildings (mostly in the Detroit area), conducted by professional photographers who have had permission granted in advance by the police. The old Detroit railway station is one of the spots visited (and is a site also visited with some frequency by film crews). Wedding photographers often use these sites for wedding shots, as well, with impressive results.

The reason there is concern and special vigilance given the police over abandoned buildings, however, like the school whose property you trespassed on in Highland Park, is that these are areas often visited by those living on the edge of society (the druggies, the homeless, the mentally ill) and these are also areas where rapes and murders have occurred in the past.

Not too many years ago, a photographer-friend of mine was giving a tour to his photography students of abandoned buildings in Detroit and they stumbled (literally) over a decayed body. Trespassers have also been injured in buildings on rotted stairs and floors.

In other words, there is good reason not to trespass. ;)

I agree with single317dad that having an attorney at least review your ticket and the facts would be smart. You do not want a misdemeanor on your record if there is any chance at all of avoiding one - and from what you describe, there is that chance to avoid one.

Good luck.


(as a note: what is described meets the definition of a "common trespass" violation in Michigan. See Highland Park Code Ordinance, Part 6, 668.06(b), Vacant Buildings - "No person, except an officer, employee or contractual agent of a governmental agency in the performance of a public duty, shall enter a vacant building or the property it is on without the express written authorization of the property owner, lessee, agent or trustee thereof")
 
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