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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor in My Backyard

    The statute of limitations to prosecute trespassing is three years. The state is highly unlikely to prosecute a case of trespassing if you did not file a complaint immediately upon the event occurring. The sol is actually to protect a person from being subjected to being prosecuted beyond a time the state deems reasonable due to the fact memories fade, witnesses move or die, and evidence to defend oneself is harder to find. It isn’t for the purpose you wish to use it for.

    So, if I had to put odds on whether the state would prosecute, I would give you about a million to one against it.

  2. #2

    Default Re: Neighbor in My Backyard

    Quote Quoting jk
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    The statute of limitations to prosecute trespassing is three years. The state is highly unlikely to prosecute a case of trespassing if you did not file a complaint immediately upon the event occurring. The sol is actually to protect a person from being subjected to being prosecuted beyond a time the state deems reasonable due to the fact memories fade, witnesses move or die, and evidence to defend oneself is harder to find. It isn’t for the purpose you wish to use it for.

    So, if I had to put odds on whether the state would prosecute, I would give you about a million to one against it.
    thank you, hearing from all of you saves me the trouble of wasting my time filling forms trying to make it happen

  3. #3
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Neighbor in My Backyard

    Just so you are clear, trespassing a minor misdemeanor offense and the statute of limitations is one year, not three years.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Neighbor in My Backyard

    Yes, the statute of limitations on trespassing is one year. However, as a low grade misdemeanor it is almost certainly NOT going to be filed or prosecuted. And after 2 months, the urgency will have been lost and this will make the odds of criminal prosecution even less likely.

    If it should happen again, you can call the Sheriff's Department and demand a private person's (i.e. "citizen's") arrest. At that point, he would probably be issued a citation and you would have to go to court *IF* the DA would choose to file. Keep in mind that today in CA we are not prosecuting most theft and drug cases, so prosecuting a trespassing caper between two neighbors is not likely to see any court time.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Neighbor in My Backyard

    Quote Quoting cdwjava
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    prosecuting a trespassing caper between two neighbors is not likely to see any court time
    I'm not seeing a trespass statute in the CA Penal Code (other than posted industrial property).

  6. #6
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Neighbor in My Backyard

    Quote Quoting adjusterjack
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    I'm not seeing a trespass statute in the CA Penal Code (other than posted industrial property).
    602 (m) PC

    602 (o) PC

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Neighbor in My Backyard

    Quote Quoting adjusterjack
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    I'm not seeing a trespass statute in the CA Penal Code (other than posted industrial property).
    Assuming a fenced in property, PC 602(m) or 602(o).

    https://leginfo.legislature.ca.gov/f...sectionNum=602.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Neighbor in My Backyard

    Quote Quoting cdwjava
    View Post
    Assuming a fenced in property, PC 602(m) or 602(o).

    https://leginfo.legislature.ca.gov/f...sectionNum=602.
    No wonder I couldn't find it.

    Thanks.

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