devilsfan26 Posted July 18, 2007 Share Posted July 18, 2007 I am being charged with trespassing for going through this little 4-5 ft. grassy area yesterday. I'm not sure if anyone else on here is familiar with the area, but I was getting back from my summer class at Rutgers to Metropark station, and since my house is across rt. 27 which is right behind the train station, I walked to the end of the platform and hopped over a locked gate and went down these stairs to this grassy area, which is a few feet away from the road. I did this last week, and the gate was open, so I didn't know this was illegal. When I saw the gate was locked I figured well I just need to get right there, a few steps away, if I hop over I won't be doing any harm to anyone and it won't be dangerous to me, so there shouldn't be anything wrong with it, and if it was illegal, why wouldn't it just be locked all the time? Of course I hop over the gate, walk down the stairs (why are there stairs there that you can't use in the first place?) and there is a state trooper hanging out there who stops me for trespassing. I thought to myself well I've gotten a speeding ticket before for going 20 mph over the limit and all I had to do was pay a $200 fine. You can kill someone when you're speeding, but walking through the little patch of grass wasn't dangerous to anyone, so this shouldn't be too bad, so I didn't really make a big deal out of not knowing it was illegal. I also figured it probably wouldn't matter whether or not I knew anyway. But then I looked up the law online and here's what it says: 2C:18-3b Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: (1)Actual communication to the actor; or (2)Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or (3)Fencing or other enclosure manifestly designed to exclude intruders. Obviously if there are any signs there, they aren't reasonably likely to come to my attention since I didn't notice them, so I guess I can plead not guilty, right? I mean if I knew it was trespassing I wouldn't have done it anyway. The locked gate I guess would be the enclosure designed to exclude intruders, but if it was unlocked a few days ago, I figured it must not be illegal. It was a small area that I walked through and it wasn't dangerous to anybody, so it's absolutely ridiculous that I can end up with a criminal record for this. That's sure gonna come in handy when I try to get an internship and get a job after I graduate. Quote Link to comment Share on other sites More sharing options...
thefiestygoat Posted July 18, 2007 Share Posted July 18, 2007 That really sucks, best of luck to you in fighting this. I hope you win. I guess it will all depend on your judge, if you tell your story, and the guy is a decent human, you should get off. Although, with things like that you never know. I can sympathize with you as I had a domestic dispute at my parents house back in January (which I don't really wish to get into more detail, just that I didn't throw a punch until I had to defend myself) and the cops mishandled the situation big time. I pretty much had to change my major (used to be Criminal Justice, can't work in that anymore) and I had to change my entire lifestyle (not living with parents and don't trust cops anymore). It is a shame the way cops can mishandle things but I guess that is to be expected, I mean they are looking for something to do to feel big. Hopefully you win and get off without any record. Keep us updated and good luck. Quote Link to comment Share on other sites More sharing options...
threestars Posted July 18, 2007 Share Posted July 18, 2007 I took a look at the area you describe on google maps...now presumably the gate you mention is the gate to get into the station (i mean, not necessarily one you are supposed to use, but that is why it is there), and the grassy area is just on the side of the road, and it is only fenced on one side, i.e. not on the road side? Quote Link to comment Share on other sites More sharing options...
El Diablo Posted July 18, 2007 Share Posted July 18, 2007 It is a shame the way cops can mishandle things but I guess that is to be expected, I mean they are looking for something to do to feel big. Quote Link to comment Share on other sites More sharing options...
Satans Hockey Posted July 18, 2007 Share Posted July 18, 2007 If I was you, I would get myself back down there with a camera and take some pictures, if there are no signs or anything saying that you can't go there you might be able to get off. Quote Link to comment Share on other sites More sharing options...
Devils731 Posted July 18, 2007 Share Posted July 18, 2007 Well to me it sounds like you were trespassing unfortuneatly. I would see if they'll let you plead no contest, pay whatever fine, and keep it from being on your record. Quote Link to comment Share on other sites More sharing options...
langsgirl Posted July 18, 2007 Share Posted July 18, 2007 (edited) I feel that the locked gate should have been the reason you would know you werent allowed there even if there was not a sign. If you go to a friends house on Weds and he leaves the door unlocked for you to go in and ya do, and then Thurs the door is locked and you climb through the window, I think you knowingly did something you shouldnt have. Just my opinion though. I mean it sucks for you, and I def have trespassed before, but I was always aware of the fact that climbing a lock fence meant I was not doing something I should be doing. And while I have dealt with police I have not been fond of, I still respect the job they do and if they are enforcing a law I wouldnt necesarrily say they are trying to feel big. It is possible they were asked to be in that spot...who knows. Edited July 18, 2007 by langsgirl Quote Link to comment Share on other sites More sharing options...
CRASHER Posted July 18, 2007 Share Posted July 18, 2007 Only in the state of New Jersey !!!! Don't you dare get arrested.... we need you for hockey and soon See what you get for that summer class ??? Quote Link to comment Share on other sites More sharing options...
threestars Posted July 18, 2007 Share Posted July 18, 2007 My thought is that this gate is to stop people getting into the station, not into the grassy area. In which case surely you were not trespassing since you were leaving and area you were legally allowed in, not trying to enter one you weren't allowed in. Quote Link to comment Share on other sites More sharing options...
Derek21 Posted July 18, 2007 Share Posted July 18, 2007 I think it sucks and is typical. But yeah. It's the law. And well, technically, they can do that because they got nothing else better to do. Quote Link to comment Share on other sites More sharing options...
sammyk Posted July 18, 2007 Share Posted July 18, 2007 I agree with LG. Just because it was unlocked one day and not the other doesn't make it legal to walk through there. However, if you were caught while the gate was open they might have let it slide as they screwed up and it didn't comply with any of the three notices but you went and jumped the fence. I don't see why you feel this law is stupid. Just because you passing through there doesn't harm anyone doesn't give you the right to do so. If your front door is open/unlocked then I guess you wouldn't mind people passing through there, maybe jumping a fence in your backyard and getting to another house. Hey, it's not dangerous to them right? So what's the big deal? As to why the stairs are there, they're probably there for those who are allowed through the gate. If the gate was locked you shouldn't have done it no matter how convenient it is to you. Quote Link to comment Share on other sites More sharing options...
Satans Hockey Posted July 18, 2007 Share Posted July 18, 2007 I feel that the locked gate should have been the reason you would know you werent allowed there even if there was not a sign. Quote Link to comment Share on other sites More sharing options...
Devils731 Posted July 18, 2007 Share Posted July 18, 2007 Sure, lying to the police sounds like the right thing to do Quote Link to comment Share on other sites More sharing options...
langsgirl Posted July 18, 2007 Share Posted July 18, 2007 he said the other day the gate was unlocked, so maybe if he goes down there today and the gate was unlocked and he got a picture of that, he could say the gate was unlocked on the day he got the ticket. It is a fib but he wasn't hurting anyone so I don't think its a big deal. Quote Link to comment Share on other sites More sharing options...
Devils731 Posted July 18, 2007 Share Posted July 18, 2007 LG, you're missing the point, he had done it before so he was entitled to do it whenever he wanted to regardless of locks or anything like that. Quote Link to comment Share on other sites More sharing options...
sammyk Posted July 18, 2007 Share Posted July 18, 2007 He said the cop was hanging out there so he probably knew that it was locked. If it wasn't locked that day then you'd think he would have told the cop saying he didn't know as it was open. Quote Link to comment Share on other sites More sharing options...
langsgirl Posted July 18, 2007 Share Posted July 18, 2007 LG, you're missing the point, he had done it before so he was entitled to do it whenever he wanted to regardless of locks or anything like that. Quote Link to comment Share on other sites More sharing options...
langsgirl Posted July 18, 2007 Share Posted July 18, 2007 I sort of had a comparable situation a month or two ago. I parked in a spot next to a handicap spot. the handicap spot had the wheelchair painted on the ground and the sign at the curb.. the spot I pulled in had no sign but when I got out of the car the lines were blue. Clearly it was a handicap spot, that for some reason the sign was no longer in front of and the wheelchair was faded. I chose to stay in the spot and run my 2 minute errand. I ame out and there was a cop behind my car. I looked right at him and frowned... I could have argued that there was no sign, but I saw the lines, and I knew. And he knew I knew. Luckily my story had a happier, nicer police officer ending Quote Link to comment Share on other sites More sharing options...
RowdyFan42 Posted July 18, 2007 Share Posted July 18, 2007 Luckily my story had a happier, nicer police officer ending How so? Did he let you off with a warning? Quote Link to comment Share on other sites More sharing options...
devilsfan26 Posted July 18, 2007 Author Share Posted July 18, 2007 I took a look at the area you describe on google maps...now presumably the gate you mention is the gate to get into the station (i mean, not necessarily one you are supposed to use, but that is why it is there), and the grassy area is just on the side of the road, and it is only fenced on one side, i.e. not on the road side? Quote Link to comment Share on other sites More sharing options...
threestars Posted July 18, 2007 Share Posted July 18, 2007 (edited) 2C:18-3b Defiant trespasser. A person commits a petty disorderly persons enters or remains in any place as to which notice against trespass is given Edited July 18, 2007 by ThreeStars Quote Link to comment Share on other sites More sharing options...
Devils731 Posted July 18, 2007 Share Posted July 18, 2007 Good luck getting that to fly. Quote Link to comment Share on other sites More sharing options...
devilsfan26 Posted July 18, 2007 Author Share Posted July 18, 2007 Technically...you did neither of these. If the fence is there to prevent entrance to the platform, then you technically "exited". Quote Link to comment Share on other sites More sharing options...
threestars Posted July 18, 2007 Share Posted July 18, 2007 If the fence is to stop trespassing on station property, then he did nothing wrong. He did not gain access to property that is private. He left the property, which he had a legal right to be on (based on his train ticket). There is no case here. I don't see onto what he trespassed. Quote Link to comment Share on other sites More sharing options...
devilsfan26 Posted July 18, 2007 Author Share Posted July 18, 2007 If the fence is to stop trespassing on station property, then he did nothing wrong. He did not gain access to property that is private. He left the property, which he had a legal right to be on (based on his train ticket). There is no case here. I don't see onto what he trespassed. Quote Link to comment Share on other sites More sharing options...
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