Any Florida lawyers in the house ? I need some advice and would appreciate a professional opinion. Here's my story:
A friend and I went out to ride today in a spot where we have been going for alomst 2 years now. As I pull up I see a no trespassing sign (new). I stopped and wondered if he went in. the trail in is very wet and spongy in some areas and we have had to pull each other out a time or two. I went to our usual spot and he was not there. I had forgotten my cell so I couldn't call him. I didn't want to leave and him show wondering where I was or him get stuck so I waited 15 min. He showed and we discussed where to go to ride for the day as this site was no longer good. We never unloaded, my wife and 3 kids were still in the truck ... and the cops show up in 3 4x4 trucks. they give us direct file paperwork which is same as being arrested without taking us to jail. we get pics taken and fingerprints and sign to show at our court date. We both have clean records and the whole thing is rediculous. I just don't want any flaw on my record for when I apply for my next teaching job even if it's for trespassing. I looked up the Florida statutes which state that trespassing is if you willfully enter or remain upon property where you have been told you aren't welcome, is fenced off (certain criterea apply to what is legally fenced), separated by cultivation (like hedges or ditch which prevent entry), or by being a "posted site".
under the same statute is the legal definitions under which a "posted site" is one that has signs not more than 500 feet apart, and at every corner of the land, which are visible from outside the land, and which have the owner's name and "NO TRESPASSING" in print larger than 2 inches. Now the legal question... there was one sign near where we went in that did have the owner's name and no trespassing in 2 inch print, but it was the only one. we took pics and video of the whole land and there are no others. the corners are not posted either. Do I have a legal leg to stand on? I now admit that I could see the sign, but the letter of the law requires them every 500 feet and at corners. Can I get it washed on this technicality? or can they saw I should have seen it and am therefore guilty? I wish I had just waited outside the entrance but didn't want to sit idle on a road for fear of getting a ticket. What irony right? I think it sucks that 3 cops are wasted to sit all day on this one piece of property (they told us this was there job assignment since the guy kept complaining and was willing to pay for extra security) when there are killers and child molesters running free. Any help is greatly appreciated. Those with legal backgrounds or experience only please. Thanks again,
Cain

 

OK now I know someone that rides and belongs to these forums must at least know someone with professional legal experience [img]i/expressions/face-icon-small-wink.gif[/img]. I could really use some help on this guys. If you have a brother, sister, in-law what ever with such experience please help. I have never been in trouble and would hate to tarnish my record after 31 years.

 

I'm a lawyer, but licensed in MD, not Fl. My cousins are Florida attorneys. One works in Ft. Myers, one in Orlando, which one would be closer to you?

 

Try

http://www.freeadvice.com/

 

Cain, I am not a lawyer, but am a Police Officer here in Florida. I cannot give you legal advice, but can tell you that you definetely have a leg to stand on. You are correct on the criteria for trespass. Unless the signs are posted correctly you would have to recieve a trespass notice before a notice to appear arrest could be made. The owner of the property has the right to sign a warrantless arrest doctrine, but as stated you would have to remain on the property after the warning was given. Seeing as how you have no prior arrest record, I would pay a lawyer to take the case. It will probably cost you, but the point is that you do not wish to have this on your record. I would never advise anyone without a legal background to go into court by themselves. I am not saying that you would have no chance to win, but what I am saying is that once a decision is made, it is made. Their are no do-overs, or take backs. I would pay to have case nolle prosed, or adjudication withheld on a plea. I don't know what a lawyer would charge you, but trust me it would be well worth the money.

Sorry for your luck, and hope that this helps.

 

I would do as DONECRASHED advised, sounds like you have a good case cain73.

 

Thanks for the advice guys. I just got back from taking more pics and video for when I go to court. I am definitely fighting this.

LowRecoil - Orlando is closer, and I would be more than happy to make the drive, but would want to call first. I don't have a bunch of money to put into this. What I am looking for is someone versed in Florida law that can give me advise for no more than a consultation fee. The way the statutes read I really shouldn't need a lawyer to tell the judge what it says. I plan on taking in print outs from the Florida senate's website to hand him. I just want to talk to someone to confirm what should be true which is that since the land is not posted according to the statutes, not cultivated, fenced, and I have never been told not to be there that basically there is no crime of trespassing. Please PM me the number so I can give a call. I appreciate the help.

and although this doesn't figure inlegally, 2-3 weeks prior to this me and my same buddies were at the same spot when a different cop pulled up. we went to him instead of making him come to us figuring that we were getting kicked out (there were no signs at this time), he was looking for a stolen jeep and didn't bother us. In fact he stayed for 20 minutes to watch us hitting some jumps. before he left he even told us that if he were younger he would be out there with us. we asked if we would get introuble for being there he said that we weren't bothering anyone and had not been warned off before so as long as no one called to complain it was fine. we mentioned seeing another cop (to the ones harrassing us) and they said they knew about it but that guy was there for a stolen jeep not us - this is funny since we never mentioned the jeep. you would think that they could have given us a break since we were straight with them and had been told a few weeks before that it was no problem to ride there.
Life is weird.

Cain

Cain

 

Sounds like you were in the wrong place at the wrong time. I would think the officers would have been friendlier than that and just asked you to leave but you never know how they are going to react. They might have had a bad day or had to chase others off from there that had run from them, still doesn't help you though. I had a problem with people coming on my property and tearing up my hay medows and chasing my live stock last year. I had signs up and they were cutting my fence, Something you didn't do and I understand that. Turns out my problem was teenagers and the sheriffs dept finally caught them. The sheriffs dept wanted to throw the book at them but I dropped all charges after I seen what their parents did to them right there in the station. Maybe if you can find the land owner and just explain it to him he might drop the charges? I would talk to a lawer first though because sometimes contacting the land owner will only make it worse. Good luck on it.

 

Woo hooooo !!! It's all over baby and I love it.
I went to court theh other day. when the judge called my name I went up. She asked if there were any witnesses in the case and the D.A. called out the cops names. None of the 3 were present to testify. The judge was going to reschedule it until I asked if I could prove that it was impossible for us to have been trespassing (to save me and the courts time and money). She endulged and asked what I had. I broke out the printed Florida state statutes, video, pics, and even the aerial photos showing the multiple ways to access the property and the pic of the only sign on the whole place. She said that the statutes alone were sufficient, but that she was impressed with my research, knowledge of the law, and presentation of the evidence. She asked if I was a law student. After telling her that I graduate with my Psychology degree in December she shared her opinion that I might have missed my true calling. AHHHHHHHHHHHh vindication ! Not only were the charges dropped for me, but when my friend and so-defendant went up immediately after me for his apperance he said "My case is exactly what he said". His charges were dropped also. score 1 for the good guys ! [img]i/expressions/face-icon-small-happy.gif[/img]

 

That is great!!! Congrats!!!

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