My question involves criminal law for the state of: Oregon.
Tonight I was gathering some rocks from near the railroad tracks within the city limits.
For some context: It was 9:30pm, and dark. I was scooping loose gravel from near the railroad tracks that are in between two streets. So from the 3 foot sidewalk to the other side of the street, there is a 15 foot lane of travel, a curb, a 3 foot easement, the RR tracks, another 3 foot easement, another curb, the other 15 foot lane of travel, then the other sidewalk. So the RR goes straight down the middle of this street.
A police officer came down one side and shined his spotlight on me. He then proceeded down the block and pulled a u-turn at the next intersection, and pulled up right behind my car.
I obviously knew he was going to ask me what I was doing, and tell me to leave.
I stated I was gathering rocks to build a path. He said the RR company wouldn't like that and do dump out any rocks I already had gathered. So I emptied 2 buckets.
He then asked for my first name, and if I was the registered owner of the vehicle, which I am.
That was it. He didn't talk to me further. And I was free to go.
An hour later, I received a voicemail from the officer, stating the RR company wanted to press charges for trespassing and that I am to pick up my citation at the Police station.
Seeing as I was not citied on scene, nor was my ID checked, or last name taken, what legal precedence do they have to charge me?
I do not know what specific ORS I allegedly violated, but I would assume ORS 164.255:
Criminal trespass in the first degree
(1) A person commits the crime of criminal trespass in the first degree if the person:
(a) Enters or remains unlawfully in a dwelling;
(b) Having been denied future entry to a building pursuant to a merchants notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;
(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or
(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 (Purpose) to 453.912 (Governmental immunity from liability).
Should I even pick up the citation? If I do, I will plead not guilty, but what defense should I build? Any advice would be helpful!