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  1. #1

    Default Charged with Trespassing and Operating a Vehicle That I Wasn't Driving

    My question involves police conduct in the State of: MA

    I'll try keep it short and simple with only the needed details.

    During the winter my g/f and I were driving around our local neighborhood because her daughter needed a nap and sometimes driving is the only way.

    When she finally fell asleep we pulled off the road that was covered with piles of snow. Me and my g/f are both adults close to thirty with no criminal records and we both hold down full time jobs in the medical field. This isn't some teen thing.

    Anyways her daughter was asleep and we were chatting for a bit and she climbed over to sit in my lap while we were talking. We started making out but there was absolutely no indecent activity.

    Some guy comes banging on our window shouting "what the hell are you doing on my property!." We were 10 feet off the road apparently on his property.

    He had us blocked in and he called the police. I was never driving the vehicle because my licence is currently suspended for driving without insurance and "tag swapping". I had just gotten a new car and I was a bit slow on getting all the appropriate paperwork done, I accept responsibility for that. I've already been to court over that whole mess and I'm clearing it up.

    Apparently the guy who owns the property told the officers that I was driving. So me and my g/f got a court date for trespassing. But mine also has a charge of "License Suspended, OP MV with" and I was not driving. The officers asked us if I was driving and we both adamantly said no.

    Neither of us got a written ticket from the officers, they simply told us "get the hell outa here."

    I'm not sure if they lied and said they issued us tickets, or how they can charge me with operating a MV with a suspended licence when no officers were present to witness the alleged act.

    I have a feeling that this somehow isn't legal. And I KNOW I'm being wrongfully charged with OP MV WITH charge.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Charged with Trespassing and Operating a Mv That I Wasn't Driving

    your post doesn't make a lot of sense as well. You said you weren't issued citations but somewhere along the line, there is a citation with this incident on it.

    To the driving issue, unless the cop saw it, the property owner would have to testify to what he saw. If he testifies you were driving, it won't look good for you but from your statements, he couldn't have seen you driving.

    Do you have the actual code section you are charged with concerning the trespass?

  3. #3

    Default Re: Charged with Trespassing and Operating a Mv That I Wasn't Driving

    I apologize for my lack of coherency. I work third shift at the hospital and after work I spent all morning taking my 3 year old daughter to the fair. So I'm not as sharp as I normally am.

    c266 S120 is the trespass code.

    And yes I was never issued a citation. I have no clue about law and I've been in a court room once in my life. I did a little research (as you know "facts" on the internet are very unreliable) and from what I see the officers were supposed to issue me a written citation. They did not.

    That is why I posted in this section.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Charged with Trespassing and Operating a Mv That I Wasn't Driving

    Section 120. Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.

    This section shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings
    Unless there was a sign, until you were given notice of the trespass when he knocked on the window, you were not trespassing. So, no sign, not guilty. A reasonably noticeable sign; guilty.

    How did you discover you were being charged if there was no citation?

  5. #5

    Default Re: Charged with Trespassing and Operating a Mv That I Wasn't Driving

    I got a summons in the mail today.

  6. #6
    Join Date
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    38,867

    Default Re: Charged with Trespassing and Operating a Mv That I Wasn't Driving

    so, the cop didn't write a citation. That is fine and in many states, since he did not witness the crime, the only way it can happen. The cop turns the issue over to the prosecuting attorney who reviews the case and determines of charges are justified. Apparently s/he felt they are.

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