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637:3-a Willful Concealment and 635:2 Criminal Trespass

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  • 07-12-2010, 03:38 PM
    rob1979
    637:3-a Willful Concealment and 635:2 Criminal Trespass
    My question involves criminal law for the state of: new hampshire

    i got charged with 635:2 Criminal Trespass in new hampshire at store 24, as well as 637:3-a Willful Concealment, first thing i need to know some things on the trespass cause i will be representing myself on these charges cause they are class b misameaners. they say i was tresspassed from there store because i had problems there before and got arrested for shoplifting, now those charges were dropped can they still use that as me being trespassed if they were dropped? and the willfull concealment the clerk said she came to back of the store and saw two bottles of bear in my pocket and three in my hand at 2 in the morning, so she called the cops and when leaving they search me and found nothing in my pockets, she said i put them back, cna i beat this if she never saw me put anything directly in my pockets and had nothing when cops arrived? cause i was thi nking if she didn't see me put anything in my pockets and no video of me doing that she doesn't know what i had in my pockets when enering the store? can anyone plese help me with this.. thankyou rob
  • 07-12-2010, 04:05 PM
    jk
    Re: 635:2 Criminal Trespass
    Quote:

    had problems there before and got arrested for shoplifting, now those charges were dropped can they still use that as me being trespassed if they were dropped?
    It makes no difference if there ever were any charges. I suspect they told you you were banned from the store or something to the same effect. They have the right to do that to anybody, anytime with just a few exceptions.



    so, did they ban you or tell you to not come back to the store the last time you got caught?

    ,
    Quote:

    she said i put them back, cna i beat this if she never saw me put anything directly in my pockets and had nothing when cops arrived?
    if she saw you with them and will testify to that, you will have to be able to discredit her. At this time, they are likely going to take her testimony over yours.

    so, most likely no defense.
  • 07-12-2010, 04:27 PM
    rob1979
    Re: 635:2 Criminal Trespass
    i was never told by them i was banned, and the court last time never said anything cause the charges were dropped... i even bought a pack of ciggerettes and went outside and smoked one then went back in for chips and she said i was stealing beer and then she said i was banned, if that was the case why did she sell me smokes? and she never saw me steal anything she said in police report that she saw two beers in my pocket and in my hand, but never saw me put anything in my pocket? and i had nothing when the cops came?
  • 07-12-2010, 04:32 PM
    jk
    Re: 635:2 Criminal Trespass
    Quote:

    =rob1979;437835]i was never told by them i was banned, and the court last time never said anything cause the charges were dropped... i even bought a pack of ciggerettes and went outside and smoked one then went back in for chips and she said i was stealing beer and then she said i was banned, if that was the case why did she sell me smokes?
    maybe she didn't realize it originally but after she got a better look at you, she realized you had been. If they never restricted you the last time you were arrested for stealing, I would use that as an argument for the criminal trespass.

    Quote:

    and she never saw me steal anything she said in police report that she saw two beers in my pocket and in my hand, but never saw me put anything in my pocket? and i had nothing when the cops came?
    unless you had purchased the beers you admit she saw in your pocket, you are guilty of the concealment charge. Taking them out after you get caught doesn't change that.
  • 07-12-2010, 05:08 PM
    rob1979
    Re: 635:2 Criminal Trespass
    i know last time i got arrested i went to court and my lawyer said they dropped charges and said i was allset, not sure if the manager said not to come in before then, all i know is when they dropped charges my lawyer said everything was done?

    and i never wrote a statement or admitted to anything, i'm just going by her statement saying she saw two beers in my pocket and some in my hand, thats what i mean she never said she saw me steal anything just she saw two beers in my pocket and me holding three, not sure how it works but she says she saw them in my pocket but didn't see me put them in there, not to mention i didn't have anything beers when i left the store
  • 07-12-2010, 05:13 PM
    jk
    Re: 635:2 Criminal Trespass
    It doesn't make any difference what happened in court. If at any time the folks from the store you were told or somehow informed that you were not allowed to come back into the store, then you are guilty of trespass.

    If you had never been informed you were not allowed in the store, then you were not trespassing.

    This has nothing to do with the courts or the police. It is between you and the folks at the store.

    Quote:

    and i never wrote a statement or admitted to anything, i'm just going by her statement saying she saw two beers in my pocket and some in my hand, thats what i mean she never said she saw me steal anything just she saw two beers in my pocket and me holding three, not sure how it works but she says she saw them in my pocket but didn't see me put them in there, not to mention i didn't have anything beers when i left the store
    Well, I guess you just aren't going to understand but if you put the beer in your pocket, even if you removed it sometime later, you were guilty of concealment. It doesn't matter if she saw you put them there or not. All that matters is they were there.

    If she didn't see them there, I suspect she would not have called the police so, all you have to do is convince the court that you have never been told you are not allowed in the store and you didn't have any beers in your pockets. You do that and you win. You can't, you lose.
  • 07-12-2010, 05:16 PM
    PandorasBox
    Re: 637:3-a Willful Concealment and 635:2 Criminal Trespass
    bottles of bear....wow.

    Bear Whizz? Bear Sweat??? Or somehow got bears into bottles????? Poor bears......
  • 07-12-2010, 05:52 PM
    jk
    Re: 637:3-a Willful Concealment and 635:2 Criminal Trespass
    Quote:

    Quoting PandorasBox
    View Post
    bottles of bear....wow.

    Bear Whizz? Bear Sweat??? Or somehow got bears into bottles????? Poor bears......

    gosh are you behind on technology.

    They have these new "bear juicers". You simply take a bear, put the bear in the juicer, turn it on and out comes bear juice out of the little tap.


    Last I heard, you can get about 300 bottles of bear from a Grizzly and 800 from a Polar bear.

    Of course, the Polar bear is intended to be served cold.
  • 07-13-2010, 01:27 PM
    rob1979
    Re: 637:3-a Willful Concealment and 635:2 Criminal Trespass
    lawyer i saw today said he will get it dropped cause she didn't see me steal anything she just said she saw beers in my pocket. and said if she didn't see me put them in there and didn't have any in my pockets when i left the store. so case getting dropped i hope...thanx for advice
  • 07-13-2010, 01:38 PM
    Mr. Knowitall
    Re: 637:3-a Willful Concealment and 635:2 Criminal Trespass
    Let us know what actually happens. Thanks.
  • 07-13-2010, 01:42 PM
    rob1979
    Re: 637:3-a Willful Concealment and 635:2 Criminal Trespass
    will do thx
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