Trespassing on Ranch property

[Misha7869]

California.

Hi,

I was issued a ticket for trespassing PC 602 (h) (1) on 4.25.18 in Bakersfield.

Back story:
On 4.19.18 my brother called to tell me our father had unexpectedly passed away. As you could imagine I was pretty distraught and had/having a hard time coming to terms with it. On the 25th I told my school professors what happened and finally took the day off school to try and clear my head. I ended up driving up the 5 from LA towards Sacramento (where my father and brother live) and remembered about these beautiful hills off the 5 right on the grape vine. So got off one of the highway exites, pulled over to the side by one of these hills, jumpped a fence and proceeded to walk up the hill to watch the sunset. (Where I jumpped the fence, I did not see any no traspassing signes). As I proceeded up he hill I noticed a trail, but continued off of it up the hill. After watching the sunset, I went back down but this time took the dirt path. When I got back to my car, there were two officers waiting. They explained to me that this land is a ranch and I was traspassing. I told them exactly what I did, but they wrote me the ticket anyway. Though they were apologetic for my father's passing...

Now my dilemma is, this ticket is a misdemeanor and I'm not sure if I should hire an attorney or go in, plead not guilty and explain myself.

Any advice will help

 

[Just Blue]

California.

Hi,

I was issued a ticket for trespassing PC 602 (h) (1) on 4.25.18 in Bakersfield.

Back story:
On 4.19.18 my brother called to tell me our father had unexpectedly passed away. As you could imagine I was pretty distraught and had/having a hard time coming to terms with it. On the 25th I told my school professors what happened and finally took the day off school to try and clear my head. I ended up driving up the 5 from LA towards Sacramento (where my father and brother live) and remembered about these beautiful hills off the 5 right on the grape vine. So got off one of the highway exites, pulled over to the side by one of these hills, jumpped a fence and proceeded to walk up the hill to watch the sunset. (Where I jumpped the fence, I did not see any no traspassing signes). As I proceeded up he hill I noticed a trail, but continued off of it up the hill. After watching the sunset, I went back down but this time took the dirt path. When I got back to my car, there were two officers waiting. They explained to me that this land is a ranch and I was traspassing. I told them exactly what I did, but they wrote me the ticket anyway. Though they were apologetic for my father's passing...

Now my dilemma is, this ticket is a misdemeanor and I'm not sure if I should hire an attorney or go in, plead not guilty and explain myself.

Any advice will help

Pay the ticket. Not a biggie. In the future consider a fence as a "No Trespassing" sign. All Fences. I'm very sorry for the loss of your Dad.

 

[Misha7869]

Pay the ticket. Not a biggie. In the future consider a fence as a "No Trespassing" sign. All Fences. I'm very sorry for the loss of your Dad.

Thanks! Am I safe to assume the misdemeanor charge will be dropped off my record? I've never had any violations other than a speeding ticket years ago. The fine says something about farm animals, but I did not see or encounter any.

 

[Just Blue]

Thanks! Am I safe to assume the misdemeanor charge will be dropped off my record? I've never had any violations other than a speeding ticket years ago. The fine says something about farm animals, but I did not see or encounter any.

What does it say, word for word, about the animals?

 

[Misha7869]

What does it say, word for word, about the animals?

Entering upon lands or buildings owned by any other person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands

 

[Just Blue]

Entering upon lands or buildings owned by any other person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands

I have P.M. another member who is more educated in Cali Laws to help you....

 

[Misha7869]

I have P.M. another member who is more educated in Cali Laws to help you....

Thank you so much Bambi01 !!

 

[Zigner]

There doesn't have to be signage along every foot of the fence. I'd bet there are signs and you just chose a portion of the fence with no sign attached to climb over.

 

[CdwJava]

Here is the offense:
-----
PC 602(h)(1) Entering upon lands or buildings owned by any other person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands.

(2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.

(3) This subdivision shall not be construed to preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
-----

This offense is punishable by up to 6 months in jail and/or a fine of up to $1,000.

Yes. Get an attorney. If you cannot afford an attorney, ask for one at the arraignment. While it is likely that jail time can be avoided for this offense, it is not a guarantee. Your attorney can help work out a plea deal.

Alternatively, your attorney may be able to make a case for improper signage ... assuming that's possible. The specific details will matter. Also, if you intend to argue that you were distraught and out of your mind with grief, be sure to produce a death certificate. It's possible that the DA or the court might have sympathy for your predicament, but every piece of such a tale will have to be in place and make some logical sense for it to carry any real emotional weight.

 

[FlyingRon]

There doesn't have to be signage along every foot of the fence. I'd bet there are signs and you just chose a portion of the fence with no sign attached to climb over.

But on the other side, it didn't say nothing.

 

[Misha7869]

Here is the offense:
-----
PC 602(h)(1) Entering upon lands or buildings owned by any other person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands.

(2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.

(3) This subdivision shall not be construed to preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
-----

This offense is punishable by up to 6 months in jail and/or a fine of up to $1,000.

Yes. Get an attorney. If you cannot afford an attorney, ask for one at the arraignment. While it is likely that jail time can be avoided for this offense, it is not a guarantee. Your attorney can help work out a plea deal.

Alternatively, your attorney may be able to make a case for improper signage ... assuming that's possible. The specific details will matter. Also, if you intend to argue that you were distraught and out of your mind with grief, be sure to produce a death certificate. It's possible that the DA or the court might have sympathy for your predicament, but every piece of such a tale will have to be in place and make some logical sense for it to carry any real emotional weight.

I really appreciate everyone's responses, I will be hiring an attorney and pleading not guilty. With regards to the death certificate, we don't even have that yet. All I have is the paperwork that I signed allowing for cremation. Hopefully by then I will have the death certificate.

 

[Misha7869]

Also, do I need an attorney for the initial arraignment where I plan to plead not guilty?

 

[CdwJava]

If you are hiring an attorney, you really should have him or her in place by then. The court will ask about that. If you do not have one, the court may appoint one at that time - at least for the purposes of the arraignment if nothing else.

 

[adjusterjack]

Also, do I need an attorney for the initial arraignment where I plan to plead not guilty?

Get the attorney now. An attorney might be able to make this go away before the arraignment.