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Criminal Trespass.

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bryan.lastname

Junior Member
What is the name of your state? Ohio.

About one month ago me and two people were on a walk in the woods. There were no "No Trespassing" or "Private Property" signs anywhere. After about five minutes into the walk there was a man and his daughter in the woods near a golf cart. The man goes instantly ballistic, and starts shouting for us to come over. We go over willingly, and he then calls the police. The police arrive a few moments later while we are calming the man down and talking to him about what happened. They Run up and shouting at us to "Get on the fu**ing ground!" and proceed to cuff us and walk us back to their cars. Then we are told he is pressing charges for "Criminal Trespass". "2911.21 Criminal Trespass. Knowingly enter or remain on the land or premis of another without privilege to do so."

I plead not guilty because there was no notification that the property was private, it could have been owned by my friends housing community for all I knew.

Am I going to be found guilty.
I am representing myself.

ANY advice would be greatly appricated.
thank you.
 


seniorjudge

Senior Member
bryan.lastname said:
What is the name of your state? Ohio.

About one month ago me and two people were on a walk in the woods. There were no "No Trespassing" or "Private Property" signs anywhere. After about five minutes into the walk there was a man and his daughter in the woods near a golf cart. The man goes instantly ballistic, and starts shouting for us to come over. We go over willingly, and he then calls the police. The police arrive a few moments later while we are calming the man down and talking to him about what happened. They Run up and shouting at us to "Get on the fu**ing ground!" and proceed to cuff us and walk us back to their cars. Then we are told he is pressing charges for "Criminal Trespass". "2911.21 Criminal Trespass. Knowingly enter or remain on the land or premis of another without privilege to do so."

I plead not guilty because there was no notification that the property was private, it could have been owned by my friends housing community for all I knew.

Am I going to be found guilty.
I am representing myself.

ANY advice would be greatly appricated.
thank you.
Criminal Trespass

The criminal trespass provision in Ohio law states that a person may not, without permission, do any of the following:

1. Knowingly enter or remain upon the land or premises of another.
2. Knowingly enter or remain on land or premises that are lawfully restricted to certain persons, purposes, modes, or hours.
3. Recklessly enter or remain on another's land or premises when notice against unauthorized access has been given by actual communication to the offender, or by posting or fencing the property.
4. Negligently fail or refuse to vacate land or premises after being told to do so by the owner.1

A person who violates this law is guilty of criminal trespass, a fourth-degree misdemeanor. In addition to fines and imprisonment, the court could order restitution to the property owner for damages caused by the criminal trespass.

http://ohioline.osu.edu/als-fact/1004.html

ENTERING THE PROPERTY WITHOUT THE PERMISSION OF THE OWNER OR OCCUPANTS IS A VIOLATION OF OHIO REVISED CODE SECTION 2911.21. PUNISHABLE UP TO 30 DAYS IN JAIL AND $250.00 FINE.

http://www.henrycountysheriff.com/Sheriff_Sales.htm


If the state can prove that you violated the above statute beyond a reasonable doubt, then you will be found guilty.

(You obviously knew you were not legally on someone else's land...see sub 1.)
 

Some Random Guy

Senior Member
What are the boundaries of his property?

He invited you to come over to him. Can you reasonably claim that you were at the border of his property when he yelled for you to come over?
 

Kane

Member
If you didn't know you weren't supposed to be there, you're not guilty.

If he doesn't want people walking in his woods, he needs to put up a sign or a fence or something.

Is there more to the story you're leaving out?
 

Some Random Guy

Senior Member
If you didn't know you weren't supposed to be there, you're not guilty.
As quoted, the law does not require posting - just knowledge that you were on their property.

The question is - how far were they onto this unposted property and were they coming from public land or another private parcel that they were trespassing on.

Also, since there are three people walking in the woods during hunting season, I wonder if the "Get on the fu**ing ground!" orders were because some of you were armed?
 

CdwJava

Senior Member
I live in the country and most of the fences and trees are posted along the border every 100' or so. But, those that aren't still have fences ... and it is a no brainer that if you hop a fence you are on someone's property. And we always get some numb-nuts who claims he never saw any of the signs even as he hops two or three barbed wire fence lines, or crossed through a couple of corn fields (I guess they assume they plant themselves and grow wild in neat little rows).

A good rule of thumb is, unless you are on or near public lands, or on your OWN property, you are on someone else's property.

You might not be convicted, but you still get the ride to jail.

- Carl
 

Kane

Member
Texas is stricter about property rights than many states, but it is still up to the property owner to indicate - in some way - that access is prohibited.

That usually means a sign or a fence (there's also a rule about purple paint, but hardly anybody uses that).

As a practical matter, that means almost all land is fenced, since there's hardly any public land around here.

If you can't be bothered to put up a sign or a fence, I don't know how you can expect people to know where your property begins, or that you don't want people walking on it.

In many western states - from what I understand - so much of the land is public, it's common for people to go walking in the woods, without worrying about getting arrested.

It'd be nice if more states were like that.
 

seniorjudge

Senior Member
CdwJava said:
I live in the country and most of the fences and trees are posted along the border every 100' or so. But, those that aren't still have fences ... and it is a no brainer that if you hop a fence you are on someone's property. And we always get some numb-nuts who claims he never saw any of the signs even as he hops two or three barbed wire fence lines, or crossed through a couple of corn fields (I guess they assume they plant themselves and grow wild in neat little rows).

A good rule of thumb is, unless you are on or near public lands, or on your OWN property, you are on someone else's property.

You might not be convicted, but you still get the ride to jail.

- Carl
A good rule of thumb is, unless you are on or near public lands, or on your OWN property, you are on someone else's property.

Good rule!
 

CdwJava

Senior Member
Kane said:
Texas is stricter about property rights than many states, but it is still up to the property owner to indicate - in some way - that access is prohibited.
Our law generally requires a failure to leave when requested to do so, or when access is made after being told not to (either verbally, in writing, or by way of indicated signage). Just wandering on to someone's property is not generally going to result in an arrest for trespassing ... however, if they had to hoip fences, they may well end up in jail. if it was open land, they likely would not go to the pokey.

Since my area is big hunting country, most the land owners, ranchers and farmers are careful to post their lands. It can mean the difference between a winter income (from the small fees for hunters to enter their lands) and nothing at all.

- Carl
 
seniorjudge said:
Criminal Trespass

The criminal trespass provision in Ohio law states that a person may not, without permission, do any of the following:

1. Knowingly enter or remain upon the land or premises of another.
Well if that is the law then I think a good arguement could made in a jury trial that he didnt know he was on someone else's land if there were no fencing or signage anywhere nearby.
 

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