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  1. #1
    Join Date
    May 2005
    Location
    Dayton, OH
    Posts
    1

    Default Accused of Trespass

    HELP! We have had neighbors directly across the street moved in when the mother was no longer able to take care of herself and they put into a home. This young couple do not care for their outside property, dandelions became the norm and maybe mowing the grass once every two weeks, if then. All the neighbors have asked me to call the city, I did not, but others did. The man door next to me gave them a lawn mower-- they seldom used it. Using a weed-wacker instead. NOW To Me: yesterday I bought some weed and feed and put it on their lawn. The wife saw me, began to swear; telephoned police and pressed charges. My husband is livid, and is afraid she is going to sue us. Since my husband is awaiting a heart transplant this is causing him so much stress. I have to go to court so the police who wrote out the report and said, and I will plead no contest -- but we are retired Desert Storm veterans and cannot afford for her to get rich because I thought I was helping a young couple that I thought may not have the funds to spend on lawn care. I used to help her mom cut grass when she was outside trying after she had gotten older, as I have helped other neighbors. I did not think I was doing anything wrong, and had I known I would never have crossed the street, perhaps just given her the bottle. Also, I am wondering since she is not the owner of the property, can she sue me as the owner. The tax records state that her adopted father and his first wife, not her adopted mother, are the land owners and hold the deed. Basically they are just living there, and the property taxes go unpaid. HELP me, my husband is quite afraid. Or suggest where I should go, I have never had to deal with the police.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Trespass Charge

    I would not be so fast to enter a "no contest" plea, which the court will treat as a guilty plea. You should consult with a lawyer before you make your decision.

    If you choose not to consult with a lawyer, this is what I would tell a Michigan client (and similar reasoning would likely apply in Ohio): If your first hearing is an arraignment, and no prosecutor is scheduled, enter a not guilty plea (or stand mute, if that option is allowed, which would have the same effect), and ask that the matter be scheduled for a pretrial or plea hearing (where a prosecutor should be present).

    I would suggest that at the plea hearing or pretrial the client try talking to the prosecutor, explaining that they entered the land to do what they thought would be a favor for an elderly, housebound neighbor, and they left as soon as they were instructed to do so. I would suggest that they see if the prosecutor will offer a delayed disposition, such that no conviction is entered on the client's record.

    And in the future, once this charge is resolved, don't hesitate to report the bleep-holes for their blighted property. Unless you killed part of their lawn, there's not really anything they can sue you for - what would they claim as damages?

    Oh yes - and if you have any of that weed and feed left, you can come over and do my lawn. :wink:

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