False Claim of Tresspassing

California
Okay I'm accused of tresspassing by the principle of a school, he says I was in front of the school for an entire week which I wasn't, I was doing construction work with my landlord in another city. I was only there for one day which he called the cops n got me arrested, okay fine I didn't come back, now he's saying I came the whole week and now I have to go to court. Okay I said if I came that whole week why didn't he get me arrested on those days too. He said he called but when they got there I already left. Bs the first time he called the cops on me I got down the block before they arrested me, the station is 5 minutes away and I'm on foot. is there a way I can get the police station to verify if a call like that was ever made? Like when a call goes out do they write it down that call was made? Because I would like to use that to prove that that call was never made because I wasn't there. Now I don't even live in the area, moved 400 miles away. N the case was a year old. N its being filed now. Is there anything I can do to prove I wasn't there? Anything would help, there is no evidence what so ever besides the principles word for it and yet they are saying I will be put on probation for doing something I didn't. Is there anything I can do to help myself out like? An investigation was already done but really it wasn't much help.

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I was doing construction work with my landlord in another city.

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is there a problem with having this person provide an affidavit stating you were with him on such and such dates from such time to such time?

It really seems pretty simple if this is true.

whether he called the police or not is irrelevant.


I would question the filing of the incident 1 year after the fact. Many states require charges be filed within a year.

There would likely be something logged each time he called the police, particularly if they dispatched officers. Your lawyer can help you get those records.

If you have employment records showing you were elsewhere at the time you were supposedly at the school, your lawyer can use those records to help establish that you did not commit the offense.

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Quoting jk

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is there a problem with having this person provide an affidavit stating you were with him on such and such dates from such time to such time?

It really seems pretty simple if this is true.

whether he called the police or not is irrelevant.


I would question the filing of the incident 1 year after the fact. Many states require charges be filed within a year.

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What's an affidate? Like have him come and tell them I was with him? And the case will be a year old this october, the date filed of me tresspassing was the 13 of oct

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Quoting aaron

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There would likely be something logged each time he called the police, particularly if they dispatched officers. Your lawyer can help you get those records.

If you have employment records showing you were elsewhere at the time you were supposedly at the school, your lawyer can use those records to help establish that you did not commit the offense.

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Okay so they do keep a record? Great now all I have to do is show them that the calls where never made and ill be set? Well the thibg is its now a like job job, the landlord works in construction so he let me come with him to help and he gives me a share of the money

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Quoting chr!s

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Okay so they do keep a record? Great now all I have to do is show them that the calls where never made and ill be set? Well the thibg is its now a like job job, the landlord works in construction so he let me come with him to help and he gives me a share of the money

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so are you saying the landlord cannot or will not vouch for your presence with him during the supposed calls to the police?

The statute of limitations for a misdemeanor is generally one year.

What code section have you been charged with?

Note that not all CALLS to the police will generate a record. Those calls that resulted in officers being dispatched may well still be on record, but it depends on how long the agency maintains such records whether they will still exist. (They probably will, but there is a chance that no such record will exist)

If the matter goes to trial, your attorney can cross examine the witness (the principal). But, if this is over the ONE incident of trespassing, any other potential incidents may be entirely irrelevant and the only matter at hand may well be the ONE arrest against you.

Consult local counsel ASAP.

- Carl

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Quoting jk

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so are you saying the landlord cannot or will not vouch for your presence with him during the supposed calls to the police?

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No I'm saying that since it isn't a job where I was hired and get paid for my hours so there isn't really a work log or anything that says I work for him so would it acually work if he says I was with him? I just come along with him to work and he pays me for helping him out after we finish a project. Neither side has any real concrete evidence besides other peoples word and yet I'm likely to be put on FORMAL probation in a city 400 miles away which I haven't lived in for the past 8 months

well, it would appear he is your only witness that you were not at the school. If he refuses to support your claims, you are in deep stuff.

if there is no timeclock then there is no timeclock but since you are required to be paid at least minimum wage and paid for each hour you work, he should have some record of your work hours.

let me guess; he was paying you under the table and in no way will involve himself in this situation because he knows it could result it him paying thousands of dollars in taxes that he didn't pay. Am I close?

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Quoting cdwjava

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The statute of limitations for a misdemeanor is generally one year.

What code section have you been charged with?

Note that not all CALLS to the police will generate a record. Those calls that resulted in officers being dispatched may well still be on record, but it depends on how long the agency maintains such records whether they will still exist. (They probably will, but there is a chance that no such record will exist)

If the matter goes to trial, your attorney can cross examine the witness (the principal). But, if this is over the ONE incident of trespassing, any other potential incidents may be entirely irrelevant and the only matter at hand may well be the ONE arrest against you.

Consult local counsel ASAP.

- Carl

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It was 600 something I can't remember the exact one. yeah I just called him right now and he said the same thing about the one tresspassing is enough. But is a first time tresspassing and this so called tresspassing was 10 feet from the side walk on a patch of grass on 'school property', almost a year old, is that really worth formal probation in a city I haven't lived in for 8 months 400 miles away.

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Quoting jk

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well, it would appear he is your only witness that you were not at the school. If he refuses to support your claims, you are in deep stuff.

if there is no timeclock then there is no timeclock but since you are required to be paid at least minimum wage and paid for each hour you work, he should have some record of your work hours.

let me guess; he was paying you under the table and in no way will involve himself in this situation because he knows it could result it him paying thousands of dollars in taxes that he didn't pay. Am I close?

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U hit the nail right on the head

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Quoting chr!s

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It was 600 something I can't remember the exact one. yeah I just called him right now and he said the same thing about the one tresspassing is enough. But is a first time tresspassing and this so called tresspassing was 10 feet from the side walk on a patch of grass on 'school property', almost a year old, is that really worth formal probation in a city I haven't lived in for 8 months 400 miles away.



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that is up to the courts.

Unless the successive complaints are part of the charge, what you were doing during the time, while not totally irrelevant, has limited and disputable impact on the one trespassing charge.