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My question involves criminal law for the state of: Wisconsin, ordinance 9.25(2) "Trespass to Property". My neighbor (tenant) who shares a duplex with me (tenant) pressed charges after I entered our yard to use the water hose. Even after explaining to the officer that she was only a tenant and the landlord permits use of the yard, I still received a $213citation. Any recommendations of what kind of documents (i.e: affidavit) to bring to court? Other Suggestions? Thank You.
If the person told you to leave & you did not then you may be guilty .. I would have to see the ordinance ...
We're talking about what type of hearing? If we're talking about an arraignment or pretrial where the prosecutor will be present and you will have the opportunity to discuss the case (I would expect a prosecutor to be present for a pretrial, but I can't promise one at an arraignment; I also can't promise how much time a prosecutor would have for you at either type of hearing), or if you arrange a meeting for that purpose, I suggest taking a copy of your lease to demonstrate that you have shared access to the yard and a letter from your landlord (with contact information) confirming the same; if it's a trial take your written documentation and your landlord (as a witness). If you're going to trial, you would benefit from working with a lawyer.
do you have divided yards? Does each parties lease include the use of the yard with the residence?
If so, the LL cannot allow you to trespass on the neighbors yard. I don't see much of a defense in that situation.
If there is not separate yards and the lease allows for use of the yard, then proof of such should exonerate you.