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Trespassing

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What is the name of your state? New York

So apparently I was sitting in a section of the railroad station where I needed to have a ticket (this I didn't know), I was waiting until my train came to get a ticket. Anyway, I was served a summons to appear in court charged with trespassing (a violation). Does anyone know the penalty for this? Is there any way to challenge this? I really didn't know and I just didn't buy a ticket because I was waiting for my train to show up.

A couple other things: I think the officer made a mistake on my summons, he wrote that I was charged under section 140.15 which is criminal trespassing in the second degree (basically meaning I entered someone's house). But under the description he correctly wrote Trespass (which should be Section 140.05) as the Criminal Court Offense (meaning I knowingly entered or remained on premises/in a building - although I still adhere to the fact that I did not knowingly trespass).

It's the difference between a misdemeanor and a violation.
 
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quincy

Senior Member
Ah, here is part 2 of your story.....It sounds like, from what you posted, that you were guilty of trespass, where you knowingly entered and remained on the premises. The officer probably let the others go because they went to get their tickets, which, if that was your intent - to buy tickets for the train - you could have purchased, as well, and avoided the trespass violation. A trespass charge is a fine and/or up to 15 days in jail.
 
Ah, here is part 2 of your story.....It sounds like, from what you posted, that you were guilty of trespass, where you knowingly entered and remained on the premises. The officer probably let the others go because they went to get their tickets, which, if that was your intent - to buy tickets for the train - you could have purchased, as well, and avoided the trespass violation. A trespass charge is a fine and/or up to 15 days in jail.

I understand that people twist and change stories on here and it's only a one sided perspective when they post their issues, but I can tell you for certain that they others were not let go "because they went to get their tickets". There's no sign that says anything about needing a ticket to sit there, I didn't know it wasn't allowed. It's really as simple as that. Had I known I would have bought the ticket in advance, but it's all hindsight now.

I really just want to know if that error on the summons can have it thrown out, if not I'll hire a lawyer and call it a day. It's my first infraction so it shouldn't be a big deal.
 

SHORTY LONG

Senior Member
I understand that people twist and change stories on here and it's only a one sided perspective when they post their issues, but I can tell you for certain that they others were not let go "because they went to get their tickets". There's no sign that says anything about needing a ticket to sit there, I didn't know it wasn't allowed. It's really as simple as that. Had I known I would have bought the ticket in advance, but it's all hindsight now.

I really just want to know if that error on the summons can have it thrown out, if not I'll hire a lawyer and call it a day. It's my first infraction so it shouldn't be a big deal.
https://forum.freeadvice.com/showthread.php?p=1718864#post1718864

Also, why would one wait until the last minute to purchase train ticket? You think you are the only one wanting to buy a ticket. :rolleyes:
 
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https://forum.freeadvice.com/showthread.php?p=1718864#post1718864

Also, why would one wait until the last minute to purchase train ticket? You think you are the only one wanting to buy a ticket. :rolleyes:
I don't get why everyone makes these judgment calls after the fact. Yeah, maybe it was stupid to wait. But it's the Long Island Rail Road, I know exactly what time the train is gonna come and I just wanna sit. It's really not a crime to sit and wait for a train. I just didn't know you needed a ticket to sit there.
 

justalayman

Senior Member
I don't get why everyone makes these judgment calls after the fact. Yeah, maybe it was stupid to wait. But it's the Long Island Rail Road, I know exactly what time the train is gonna come and I just wanna sit. It's really not a crime to sit and wait for a train. I just didn't know you needed a ticket to sit there.
apparently it is, at least at the train station.

as take your story to the judge and see if he accepts it. Don;t forget, the ticketing officer will get to add his input to this one sided story as well.
 

HomeGuru

Senior Member
I don't get why everyone makes these judgment calls after the fact. Yeah, maybe it was stupid to wait. But it's the Long Island Rail Road, I know exactly what time the train is gonna come and I just wanna sit. It's really not a crime to sit and wait for a train. I just didn't know you needed a ticket to sit there.
**A: have you not heard of the events os 9/11? Maybe they do not believe in Homeland security in your home country.
 

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