Fined for Entering Through a Fire Entrance

My question involves criminal law for the state of: IN. My son plays soccer on a Home owner association called "Lakes of the Four Season's, IN." We don't live there we live outside the community but they invite kids to play soccer from outside their gated community. On one saturday morning, my husband was running late for the game. I was already inside this gated community waiting for him as he had my son's soccer clothing. So, I found an easier entrance for him through the firestation. It is not posted about needing a decal, etc. as it is used for fire trucks. There is a gate that was closed but not locked. So, when my husband came, I lifted it and let him in. Well, someone saw me do it. They sent their security officer to find my descritption at my sons soccer game. My husband and I were both charged with a fine of $50 and if we don't pay, they will file criminal trespassing charges. Now, I think I can scrape up $100 but this officer was unprofessional and without understanding that we were just trying to make it to our sons soccer game. I was respectful and I don't have any charges against me, I am a stay at home mom. I'm rather upset that I had to deal with this jerk and we ended up missing our sons soccer game as a result, not to mention, the embarassment. Another thing was, he approached me as to intimidate me, the second I pulled out my phone and started to record his behavior, he started changing his approach. He still gave us the $50 threat though. Do I have to waste my time, and my $100? Maybe I should send them a few hundred dollars and tell them... "you know I can't be bothered with this, but here's a few hundred bucks because I got a few more games to go."

You used a fire station cut through to a gated community to avoid the gated community's security.

For any crime, the excuse you are wanting to use "we will be late for my son's soccer game" is not an affirmative defense.

I would pay it and plan accordingly next time.

Quote:

---

Quoting lerracindy@yahoo.com

---

Maybe I should send them a few hundred dollars and tell them... "you know I can't be bothered with this, but here's a few hundred bucks because I got a few more games to go."

---

Ya, why don't you go ahead and give that a try. Nothing better than pissing them off so next time they will actually arrest you rather than just issuing a citation. Sounds like a great idea to me.

I suspect that your attitude caused your citation more than your actions. If you spoke to him in any manner similar to what you express here, I suggest you were lucky you weren't arrested. Maybe a bit of respect and acceptance that you were in error rather than being a "soccer mom" ( and we all know that means more than the simple definition) and thinking you have some inherent right to break the law with impunity would have allowed you to fair so much better.

It's a gated community, in which you don't live.

You used an entrance used by a public service, rather than an entrance in which you were given permission to use.

As BAM! said...try the "Maybe I should send them a few hundred dollars and tell them... "you know I can't be bothered with this, but here's a few hundred bucks because I got a few more games to go." attitude...you will miss that game because you will be placed in handcuffs and taken to the police station, and charged with "Criminal Trespass". You will also have fines, court dates, and likely your whole family banned from the gated community.

Quote:

---

Quoting PandorasBox

---

As BAM! said...try the "Maybe I should send them a few hundred dollars and tell them... "you know I can't be bothered with this, but here's a few hundred bucks because I got a few more games to go." attitude...you will miss that game because you will be placed in handcuffs and taken to the police station, and charged with "Criminal Trespass". You will also have fines, court dates, and likely your whole family banned from the gated community.

---

as BAM said? You've been peeking, haven't you?

I have to ask.

OP, why did you think you didn't have to follow the rules that everyone else had to follow? Why would you think that an entrance to the community designed to give emergency vehicles access to the neighborhood was actually put there for your use?

Did you trespass at the fire department to get to this gate?

Really? You really think this behavior is acceptable? I think the officer showed remarkable restraint in not putting you in cuffs and giving you a ride in his/her squad car for trespassing.

It sounds like the officer was not a police officer, but a security officer in the employ of the community. As such, I suspect this "fine" is simply a "request" to pay their association assessment. Whether the threat to pursue charges for trespassing has any merit or not, i cannot say. I'd be inclined to think the police and the local prosecutor would not waste their time on this as it could be argued that by asking you to pay their fee they agreed to make this is a civil matter and not a criminal one.

But, paying the $50 may be preferable to wondering "what if" for the next few months.

Hah bam! Has said nothing of the sort..yet.

I love when people like to throw around their financial status when dealing with lowly security guards. Like everyone else said, its a gamble.

It is private property and you are a guest on that property. They can uninvite you and you will miss a lot of soccer games. All because you are a jackass.

Oops...wrong correct poster. Sorry! As JK and UncaJeffy said....

Quote:

---

Quoting bam!

---

Hah bam! Has said nothing of the sort..yet.

I love when people like to throw around their financial status when dealing with lowly security guards. Like everyone else said, its a gamble.

It is private property and you are a guest on that property. They can uninvite you and you will miss a lot of soccer games. All because you are a jackass.

---

Don't forget the insistence that the officer understand they were GOING TO A SOCCER GAME!!!!

I'm might just consider taking this to court. Do you know what happens when you take an association to court? Their legal fees go up and so do the HOA fees go up and their property values go down. Because when you get a community of old biddy's that do nothing but look at their windows because they have nothing else to do, that's what happens. To all you "senior member's" out there....get a life. Must suck to get a security guard salary, huh.

So, you are going to risk a criminal charge where the legal fees, fines and penalties could be many times the $50 assessment the HOA appears to want to assess you?

Well, that's your call, but it seems that the $50 is a small price to pay for the matter to just go away.

And, for the record, I don't know for sure what a security guard makes, but I suspect it does "suck" because they often make little more than minimum wage and have to deal with people that can be a little less than pleasant.

You may be taking what to court? If you have been criminally charged for trespassing, you can certainly defend yourself against the charges in court, but from what you have told us it does not appear that any charges have been filed.

The community has apparently told you that if you don't pay $50 each for your improper use of the fire gate, they will ban you from their property. If you choose not to pay, as long as you don't talk to the police and confess, I'm a bit skeptical that charges would be filed for the past entrance, but they can ban you from being on their property in the future and if you violate that ban (to go to soccer games) you can be charged with trespassing.

what are you going to take to court?

I was mistaken in my understanding of the situation and upon re-reading it, I see that there were no police involved so, there really is nothing to "take to court". Either pay the fine or don't. If you don't, only the hoa can tell you what they will do about it.



There is a funny thing about people and their income I have found over the years.

Those with truly impressive incomes tend to not speak of their income nor do they attempt to flaunt it. Those that claim they have some huge income always seem to try to utilize it as a means to impress others but in reality, they often make less than the average person in the US. I suspect you are in the latter group.

Quote:

---

Quoting lerracindy@yahoo.com

---

I'm might just consider taking this to court. Do you know what happens when you take an association to court? Their legal fees go up and so do the HOA fees go up and their property values go down. Because when you get a community of old biddy's that do nothing but look at their windows because they have nothing else to do, that's what happens. To all you "senior member's" out there....get a life. Must suck to get a security guard salary, huh.

---

That only works if they don't ask the nice judge to include their legal fees in the judgement. I would bet they would.

Aren't you getting a bit out of shape over a $100 fine for doing something you KNEW was wrong?

Of course, the minute you show this attitude to the HOA, you won't have to worry about making it to any more soccer games anyway.... because the nice guards at the gates simply won't let you in anymore.

Won't THAT be a wonderful thing to explain to your child?

Looks like the kid will have fun explaining to other kids that he can't play soccer with them anymore because Mommy got them banned from the gated community.

Since in Indiana no sworn law enforcement officer witnessed the incident and none was called to take statements at the time, I suggest not doing anything. Did they tell you who the make the checks out to? If it was to the gated community or the security firm, I would report them. If you were asked for cash that would be even worse.