So I just almost got arrested

I was walking in town as I often do, and I came up near an intersection to see three cop cars and another vehicle pulled over. Two cop cars were on one side of the road, the other cruiser and car on the other. I didn't want to walk between them because I had no idea what was going on, so I hop off the road and started walking along (not on) the railway aiming for the parellel road 15 feet down the line.

One of the cops takes off and starts running toward me, grabs me and with a hand behind my back walks me to his car. Long story short I'm being charged with Misdemeanor Criminal Trespass (TCA 39-14-405) and have to appear in court. He said he would have arrested me if I had anything on my record (I don't).

So WTF? What should I expect in court? What should I do...should I argue or just whatever? I don't know.

I am a little confused from the description vs. the charge. Were you actually trespassing? What qualifies that as trespassing?

You should call your lawyer.

I am a little confused from the description vs. the charge. Were you actually trespassing?

You should call your lawyer.

m0zart

If I remember correctly, railroad tracks are private property

I don't get it. How were you trespassing? Don't take this the wrong way, but it sounds like there has to be more to this story. It doesn't make sense otherwise.

I was walking in town as I often do, and I came up near an intersection to see three cop cars and another vehicle pulled over. Two cop cars were on one side of the road, the other cruiser and car on the other. I didn't want to walk between them because I had no idea what was going on, so I hop off the road and started walking along (not on) the railway aiming for the parellel road 15 feet down the line.

One of the cops takes off and starts running toward me, grabs me and with a hand behind my back walks me to his car. Long story short I'm being charged with Misdemeanor Criminal Trespass (TCA 39-14-405) and have to appear in court. He said he would have arrested me if I had anything on my record (I don't).

So WTF? What should I expect in court? What should I do...should I argue or just whatever? I don't know.

br0kenrabbit

It doesn't take much to get roughed up, charged or threatened with arrest nowadays.

Just pray that the prison-industrial complex can meet its intake quota without you.

:(

I don't get it. How were you trespassing? Don't take this the wrong way, but it sounds like there has to be more to this story. It doesn't make sense otherwise.

Pirate700

I don't get it. How were you trespassing? Don't take this the wrong way, but it sounds like there has to be more to this story. It doesn't make sense otherwise.

Pirate700

railroad tracks are private property

[QUOTE="m0zart"]

I am a little confused from the description vs. the charge. Were you actually trespassing?

You should call your lawyer.

lostrib

If I remember correctly, railroad tracks are private property

I've walked along them pretty much all my young life back in Virginia -- nearly 20 years worth before I left. Never seemed to have any issue.

I guess things change.

[QUOTE="Pirate700"]

I don't get it. How were you trespassing? Don't take this the wrong way, but it sounds like there has to be more to this story. It doesn't make sense otherwise.

lostrib

railroad tracks are private property

[QUOTE="m0zart"]

I am a little confused from the description vs. the charge. Were you actually trespassing?

You should call your lawyer.

lostrib

If I remember correctly, railroad tracks are private property

Yes, but simply walking on private property does not mean you're tresspassing. 

Reported for criminal activities

I am a little confused from the description vs. the charge. Were you actually trespassing? What qualifies that as trespassing?

You should call your lawyer.

m0zart

Apparently because it's railroad property.

What state do you live in, TC?heeweesRus

Tennessee

Sounds like a couple of Judge Dredds over their. I'd research the law he is referring too. Can't trust a lawyler now days. They just one to bleed you dry. Make sure its a all together fee. You said you didn't get arrested so why would you have to appear in court? I'm confused.caseypayne69

I don't get it. How were you trespassing? Don't take this the wrong way, but it sounds like there has to be more to this story. It doesn't make sense otherwise.

Pirate700

Seriously, that's it. The Citation reads:

NS RR Tracks @ Fowler ST Crossing #730847W Criminal Tresspass

[QUOTE="caseypayne69"]Sounds like a couple of Judge Dredds over their. I'd research the law he is referring too. Can't trust a lawyler now days. They just one to bleed you dry. Make sure its a all together fee. You said you didn't get arrested so why would you have to appear in court? I'm confused.MrPraline

well it is a criminal offense to walk on the tracks

Sounds like a couple of Judge Dredds over their. I'd research the law he is referring too. Can't trust a lawyler now days. They just one to bleed you dry. Make sure its a all together fee. You said you didn't get arrested so why would you have to appear in court? I'm confused.caseypayne69

He just said "If you have anything on your record I'm going to arrest you" and then went and called me in, then he came back and said "I'm not going to arrest you today if you promise me that you'll show up for your court date."

[QUOTE="MrPraline"][QUOTE="caseypayne69"]Sounds like a couple of Judge Dredds over their. I'd research the law he is referring too. Can't trust a lawyler now days. They just one to bleed you dry. Make sure its a all together fee. You said you didn't get arrested so why would you have to appear in court? I'm confused.lostrib

well it is a criminal offense to walk on the tracks

You said you didn't get arrested so why would you have to appear in court? I'm confused.caseypayne69

Same reason you don't get arrested for a traffic ticket but still have to show up in court for it.

Gamespot lawyers lack creditinal so speak to an actual lawyer. It seems like a huge misunderstanding so try to find a good lawyer that will actually help you in a way that you don't get convicted or not settle for a plea bargin.

[QUOTE="MrPraline"][QUOTE="caseypayne69"]Sounds like a couple of Judge Dredds over their. I'd research the law he is referring too. Can't trust a lawyler now days. They just one to bleed you dry. Make sure its a all together fee. You said you didn't get arrested so why would you have to appear in court? I'm confused.lostrib

well it is a criminal offense to walk on the tracks

But TC wasn't walking on the tracks.

[QUOTE="caseypayne69"]Sounds like a couple of Judge Dredds over their. I'd research the law he is referring too. Can't trust a lawyler now days. They just one to bleed you dry. Make sure its a all together fee. You said you didn't get arrested so why would you have to appear in court? I'm confused.br0kenrabbit

He just said "If you have anything on your record I'm going to arrest you" and then went and called me in, then he came back and said "I'm not going to arrest you today if you promise me that you'll show up for your court date."

Sounds like the cop saw you avoiding him and thought you were doing so because you had a warrant or were doing something illegal. When he was wrong he seemed a little butthurt and rather than just saying he was wrong (like a cop would ever do that) gave you a ticket and proceeded to try to make it seem like he was being a nice guy by not arresting you.

Goto court and explain it to the prosecuter/judge they might just throw it out.

Gamespot lawyers lack creditinalleviathan91

Hey, I took my bar exam.

[QUOTE="lostrib"]

[QUOTE="MrPraline"] Yeah would fight this too. It's bullshit. Hope bro rabbit doesn't have to pay a fine or something for the sake of this joke of a cop's erectionworlock77

well it is a criminal offense to walk on the tracks

But TC wasn't walking on the tracks.

within about 25 feet of the tracks is part of the railroad property

[QUOTE="caseypayne69"]You said you didn't get arrested so why would you have to appear in court? I'm confused.worlock77

Same reason you don't get arrested for a traffic ticket but still have to show up in court for it.

In KY you only have to go to court if you get a ticket for traffic related stuff.  Every state is different though.  If you get a warning, you are free to go.

Sounds like the cop saw you avoiding him and thought you were doing so because you had a warrant or were doing something illegal. When he was wrong he seemed a little butthurt and rather than just saying he was wrong (like a cop would ever do that) gave you a ticket and proceeded to try to make it seem like he was being a nice guy by not arresting you.

 

Goto court and explain it to the prosecuter/judge they might just throw it out.

BeardMaster

I sure hope so. I've a clean record at age 37, it would suck to have it marred over this shit.

Sounds like a good ol' case of minor authority abuse.

[QUOTE="worlock77"]

[QUOTE="lostrib"]

well it is a criminal offense to walk on the tracks

lostrib

But TC wasn't walking on the tracks.

within about 25 feet of the tracks is part of the railroad property

Depends on the area, and again, simply walking on private property does not equate to trespassing. It's not trespassing unless "no trespassing" notices are explicitly posted. Furthermore, many railroad tracks bisect public areas where there isn't 25 feet between the track and the street (not counting where track cross streets), or the neighboring business establishment, house or whatnot.

[QUOTE="worlock77"]

[QUOTE="caseypayne69"]You said you didn't get arrested so why would you have to appear in court? I'm confused.caseypayne69

Same reason you don't get arrested for a traffic ticket but still have to show up in court for it.

In KY you only have to go to court if you get a ticket for traffic related stuff.  Every state is different though.  If you get a warning, you are free to go.

TC didn't get a warning, he got charged.

[QUOTE="br0kenrabbit"]

[QUOTE="caseypayne69"]Sounds like a couple of Judge Dredds over their. I'd research the law he is referring too. Can't trust a lawyler now days. They just one to bleed you dry. Make sure its a all together fee. You said you didn't get arrested so why would you have to appear in court? I'm confused.BeardMaster

He just said "If you have anything on your record I'm going to arrest you" and then went and called me in, then he came back and said "I'm not going to arrest you today if you promise me that you'll show up for your court date."

Sounds like the cop saw you avoiding him and thought you were doing so because you had a warrant or were doing something illegal. When he was wrong he seemed a little butthurt and rather than just saying he was wrong (like a cop would ever do that) gave you a ticket and proceeded to try to make it seem like he was being a nice guy by not arresting you.

Goto court and explain it to the prosecuter/judge they might just throw it out.

[QUOTE="BeardMaster"]

Sounds like the cop saw you avoiding him and thought you were doing so because you had a warrant or were doing something illegal. When he was wrong he seemed a little butthurt and rather than just saying he was wrong (like a cop would ever do that) gave you a ticket and proceeded to try to make it seem like he was being a nice guy by not arresting you.

 

Goto court and explain it to the prosecuter/judge they might just throw it out.

br0kenrabbit

I sure hope so. I've a clean record at age 37, it would suck to have it marred over this shit.

Seriously dude, I'm sure you'll be fine once you explain it. Next time don't look so suspicious though. :P

Pirate700

Remember all those stories I've told about the cops around here harassing me but never being able to charge me with anything? Well, here you go.

[QUOTE="Pirate700"]Seriously dude, I'm sure you'll be fine once you explain it. Next time don't look so suspicious though. :P

br0kenrabbit

Remember all those stories I've told about the cops around here harassing me but never being able to charge me with anything? Well, here you go.