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  1. #1

    Angry Park Closure Trespassing Summons

    My question involves criminal law for the state of: Hawaii

    And so the story starts when a friend and myself were chatting at a usual spot late at night. It wasn't long til two officers in ATVs rolled up and confronted us. We were more surprised if anything and figured they were checking up on us. As it turned out we were trespassing in a park area after hours and honestly didn't know what time it was to begin with.

    We were told it was after hours and that the park was closed. Furthermore, we were informed that we'd be getting a warning and were given a citation and summons. I don't quite understand how a citation is a warning. Also, I didn't think the pier was a part of the park nor knew it was unlawful to be there. Apparently, as stated by one of the officers, there were murders, rapes, among other things that had been going on in the area so they were cracking down and making a list of who's who in the area. While I know they were doing their job, why would we get citations and a couple not that far away were let go for the same thing (assuming tourists) if that's true? There were others nearby further behind us who would later be let go without citation but actual warning.

    The date of the summons came and went. My friend and myself pleaded not guilty. Having known some law and legalism I've come to know a few things. They worded the complaint in so many words: we were "intentionally" and "recklessness" trespassing. I figure it's all about wording in court and that's definitely not true.

    We were then directed to pursue a public defender. As I'm skeptical about the system in general, I was even more proven correct when I wasn't able to see a public defender until a day after trial. The trial is the day after tomorrow.
    When calling to set up an appointment to see the public defender, they told me to ask for a "continuous".

    My question is what should be my next play when the trial comes?

    Being that I don't have anyone to represent me is grounds for a continuous unless I represent myself, but I'd only do that if I have a great chance of getting the case dismissed. I understand that it can be dismissed if the officer fails to show up.

    Is there also anything else I need to know to make this go smoother?

    Thanks in advance for any feedback concerning this matter.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Park Closure Trespassing Summons

    You plead not guilty to get a lawyer. You are guilty. Hope your lawyer gets you a deal.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Park Closure Trespassing Summons

    ask for a "continuous". It's really up to judge they might taken your argument or just pay it no mind. I did have an English teacher tell the class he got out of a parking ticket by explaining how what was written down was wrong,basically using his own words against him. In some states unless jail time is issued the right to a legal aide is not a requirement.

    The law probably is no one allowed in the park after a certain which you are guilty of. I got a summons for being in the park to late,I was cutting threw to go to my friends car. I seen some people walking dogs who were never bothered. The judge cut me a break and dismissed the case but I was disobeying the law.

    I would ask for a continuous and explain you want time to get a legal aide. Even if your argument is right about the statement,at best the statement is thrown out. It's hard to argue that your weren't in the park after it closed,which is what the ticket is for. If a legal aide is not granted I would explain that you didn't realize you couldn't be there and meant no harm. Maybe hope the cop never shows up.

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