Trespass Charge Curiousity

[udgrafdes]

What is the name of your state? Iowa

This isn't necessarily short, but I try to keep it to the point.

I've been charged with Misdemeanor Trespassing, and since it's such a "minor" crime, I'm denied even a public defender, so I'm forced to defend myself. So here's the straight dope.

Background (Not necessarily relevant in a direct fashion):
I was banned from a campus several months ago by the security dept, based on the one sided testimony of three individuals under the influence of marijuana, claiming I made threats of using a firearm.

In december, I was invited to said campus for graduation ceremonies of several friends. I asked them to secure permission from the appropriate individuals, which they thought they had. Permission was given, in an ambiguous fashion (Well, I don't care if so-and-so doesn't have a problem). Contact with this other individual was attempted, but they never responded. I arrived, thinking I was cleared to be there, and was summarily arrested in the library and held without bond until the next morning when a judge released me on my own recognizance. I went through the motions, eventually pleading no contest, as I could furnish no proof of an absolute "Yes, he may be here".

Current:
I was standing on the sidewalk immediately abutting the property of the college, talking on the cell-phone and awaiting a professor to come off the property that we may speak, when I was approached by a campus security officer (approach is relative, he stayed about 15 feet away and acted very nervous). He asked what I was doing, and when I furnished him with the information that I was awaiting someone, he walked away watching from the corner of his eye. Not five minutes later a police officer pulls up and requests my ID, which I provide. Shortly thereafter, I am told I'm being detained, pending verification of an anonymous telephone call reporting me to be on the property. At this point, the security guard makes absolute sure to point out that he also saw me standing between the gateposts of a college driveway. There is no gate of any sort anymore, only the hinges. I was making dead sure to stay off the college property, and the only unclear area that I know of is this particular gate, since it is inset from the sidewalks by about 10 feet. I was immediately arrested, and denied bond, even thought three officers approved it, on paper.

Regarding my defense:
Charge 716.8.1 (Trespassing, no malicious intent)
This charge in Iowa is defined as knowingly being on the property of another without permission.

A further law (701.6) states that ignorance or mistake may be used if it tends to prove/disprove an element of a crime.

My defense is that I maintained to several people that I must stay off of the campus or I would be trespassing. Not only this, but also did not accompany them when they themselves went onto campus. This establishes a pattern that I knew (or thought I did) where the property lines all lay, and refused to cross onto what I thought to be campus property. Therefore, even if I did step between the gateposts even for a moment, was accidental, and not intended to encroach upon campus property. The arresting officers did not see any crime committed, and the individual who claimed to witness me is of questionable employment (campus security has a history of falsifying documents to their own ends, not sure if that's relevant).

Anyone have any advice?

 

[racer72]

Get a lawyer if you wish to fight the charges and stay away from the campus.

 

[udgrafdes]

Getting a lawyer would be exactly nice.
Do you know of any who would willing take on the case for less than $100? I already have most of the research done and talked to most of the witnesses. All I really need is someone who's willing to say "it looks good" or "that won't work"

Of course, that is excellent advice, and I actually did look for an attorney. However, my financial situation is somewhat less than desirable. I don't have any wealthy relatives who are dying, I don't have a job and noone seems to need students with three BS degrees, and I have loans to pay. Hiring an attorney for approx $200 per hour (notice it's not $200 flat, and I don't blame them) is somewhat outside my budget.

For now, I'll just go by a few simple guidelines:
#1: The state has to prove I was in the wrong.
#2: I know where the library is and how to read law books.
#3: If in doubt, I'll call as many attorneys as it takes to get an answer.

As for staying away from the college, that usually isn't much of a problem, as I live three hours away from it, and the only reason I go within 50 miles of it is to see friends in the area and go to court over trespassing charges brought on by the school.

I still stand by "If I was on the sidewalk, I was legal". This is actually supported by the past actions of security guards at this school, who [usually] refuse to respond to disturbances on the sidewalks.

 

[HomeGuru]

Getting a lawyer would be exactly nice.
Do you know of any who would willing take on the case for less than $100?

**A: no.

 

[calatty]

The fact that you went to campus before and didn't trespass is not a defense. That you stepped onto campus by mistake would also not be a defense. Mistake of fact would be if you thought you were not on campus property but were. That would be a defense, but I suspect the campus police version of the facts is not the same as yours.

 

[udgrafdes]

I agree that normally ignorance is no excuse.
In this case, The law states that knowledge/intent is part of the crime. Without that, there's no crime.

Campus police may have a story, but there's only one of him, and if he can't give me information as to who I interacted with near the location he claims I trespassed, then I can easily disprove any story they've cooked up. He was probably instructed to say anything he had to by his bosses (they're just rent-a-cops. No arrest power). I also have profs willing to testify that they told me to wait for them (off-property) and that's where I was arrested. The police certainly saw me committing no crime, so they can only act as a witness for my side (I was on the sidewalk when they decided to arrest me).

And my defense is not that I was on campus before and not trespassing. My defense is that several times in less than 30 minutes, and to several people, I directly stated that I cannot go on that campus, and didn't accompany them onto campus, which I would have normally done. This establishes a pattern of trying not to be on the campus. In fact, the security guard approached me and questioned me before calling the police. I hadn't moved from where I was between the time he questioned me and the time the police showed up. I was on the sidewalk.

 

[stephenk]

i dont see any defense to the charge. there was no reason for you to be standing right at the school boundary to wait for some professor to come off the property. you could have waited at a coffee shop or some other public area.

you are obviously well known to the college in that the guard knew who you were and that you werent supposed to be at the school.

get a clue. dont go to the college for any reason. your friends can visit you anywhere else except at the college.

finally, get a job. you have 3 degrees and no job? how old are you?

 

[calatty]

You obviously think you know more about the law than we do, so why ask? Your "pattern" of making statements that you intend to obey the law is irrelevant and probably even inadmissible in court. The only relevant evidence is whether you in fact trespassed. Judges almost invariably believe the police and not the defendant. Statements like "there's only one of him" and "I can easily disprove any story they've cooked up," and your belief that you are a legal expert after spending some time in the library are signs that you are too arrogant for your own good.

 

[udgrafdes]

I'm only working with what I have, but I refuse to lose without a fight.

It's not so much that I think I know anything about the law.
If I could get an attorney, that'd be the first order of the day. I also know I did nothing wrong.

Also, the way I see it, I have two choices: a no-contest plea and take it up the butt, or say not guilty and take it up the butt only if I lose. If I say no-contest, I basically just hand them free money. If I fight it and lose, at least I can say I lost while maintaining my side of the story.

As for discrediting the security guard, not only can I make the argument that he didn't see me doing anything, but I can pull other security guards who might testify that he would do something like lie.

I don't need a reason to be standing on the sidewalk, as long as I'm not actually doing anything harmful (talking on the phone is not harmful). The question isn't "did I have any business there", the question is "was I on their property, knowingly". It should be noted that this college is a major proponent of "come one, come all, be a part of our community".

If I were in a wheelchair, they wouldn't have told me not to use the sidewalk. If I looked funny, they wouldn't have told me not to use the sidewalk. Because they simply don't like the individual is likewise no reason for harassment.

As for the job, if you know of any companies who are willing to hire me for entry-level computer programming/technical, or atomic physics research, let me know. I'm looking for a job, but noone seems really intrested in an untried college student. (A side note, the reason the security guard knew me is because I went to school when he was hired on, and there are only 6 of them. I was actually on good terms with the security guards themselves. It's their boss who actually banned me).

 

[stephenk]

"but I can pull other security guards who might testify that he would do something like lie."

You have security guards from the college that will testify on your behalf?

"It should be noted that this college is a major proponent of "come one, come all, be a part of our community"."

That obviously does not apply to you since you were BANNED from going onto the college property.

Go ahead and go to trial. you think the judge will be more lenient with you because you went to trial on principles? think again einstein.

 

[udgrafdes]

I do have a security guard who can attest that they don't do things by their own policies, and are known to falsify their own records if it benefits them.

This doesn't exactly apply to me, correct. And I wouldn't care except for the fact I put a lot of money into that college and attended for quite a long time. Add to this the fact that I still keep in contact with my advisors, who have offices on the campus, and you have a bit of a problem.

I don't expect anyone to be more lenient on me in any case. I'm not going to take it to trial on principle. I wasn't doing anything wrong, and I'm not going to stand and be punished for it. I fully intend to prove that I wasn't wrong.

Not to seem uppity, but it does seem that everyone here is under the assumption that if the state accuses you of something minor, you just let it spank you, whether or not you deserved it. In my case, I'm applying to be an Officer in the USAF, I've already got some small noon-legal issues that could bring me down. Last thing I need is a criminal record coming up at a bad time (Yes, I realise it was stupid to be there, but it doesn't make it illegal).

Does anyone have any advice on what they think a good defense would be, since the one I came up with seems to be universally thought of as invalid?

As a final note: I really hope to clear this up without any judges being involved. That is to say, if there's any way to get a prosecutor to review the case before a pre-trial and possibly get a dismissal, then I'd like to know about it, since it's a terrible bother to drive 200 miles and find a place to stay the night before just to say "not guilty".