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  1. #1
    Join Date
    Apr 2017
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    2

    Angry What is Needed to Prove Trespass

    My question involves criminal law for the state of: Michigan
    I've been charged with criminal trespass and illegal dumping. O worked for a woman cleaning out he's basement. There were several loads of stuff that needed to be removed. I removed all of the burnable items, and dropped them off at my house so that I could burn them. My last trip to the woman's house was to pick up all of the stuff that wasn't burnable. I loaded my truck up, and she asked me to come inside and then asked me if I could remove the deep freezer and a couple metal shelves. When I told her I couldn't, she refused to pay me the $100 that we agreed upon. I told her if she didn't want to pay me then I wasn't going to load the rest of the garbage, and left it at her house, leaving with only my truck bed full and my trailer empty. The next day I dumped the stuff in my truck bed at my grandmother's dump for free. Three days later I received a call from an officer regarding items illegally dumped on the premises of a business. I told them what had transpired between us. Two weeks go by and I receive a letter notifying me that I have been charged criminally. However, there is no proof that I dumped these things. They said they got the woman's info from boxes that had her name on them and contacted her, and she implicated me.does there have to be some type of evidence in this matter? I know criminal charges are based on "beyond a reasonable doubt". My deal is this, why would I dump something illegally, when I have somewhere to dump it for free. Someone, insight please?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What is Needed to Prove Tresspass

    You've lost me. If you have been criminally charged, you need a lawyer. Where did you dump the stuaff again? What does your grandmother have to do with it?

    For trespass you must enter or remain on the property of another after you've been forbidden to do so (either explicitly or via posting or being fenced).

    You might end up on the Group W bench for all this.

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: What is Needed to Prove Tresspass

    Do they have twenty seven eight-by-ten color glossy photographs with circles and arrows and a paragraph on the back of each one explaining what each one was to be used as evidence against you?

    (If you get this reference, you are showing your age. And, yes, Ron, the "group W" reference inspired me. You must be a fellow old fart. LOL)

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: What is Needed to Prove Tresspass

    I actually had a cop call me to tell me that they found a wire spool with my name on it in the middle of their town. It was all I could do to avoid saying "Yes sir, Officer Obie, I put that wire spool under that garbage."

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

    Default Re: What is Needed to Prove Tresspass

    Quote Quoting PTPD22
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    (If you get this reference, you are showing your age. And, yes, Ron, the "group W" reference inspired me. You must be a fellow old fart. LOL)
    Same here.

    I have (not so) fond memories of the Whitehall Street Induction Station. Didn't get sent to the Group W bench though.

  6. #6
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: What is Needed to Prove Tresspass

    Quote Quoting flyingron
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    You've lost me. What does your grandmother have to do with it?
    I think that what OP is saying is that after he refused to pick up the rest of the trash, the customer dumped (or maybe got someone else to dump) the trash at some business property. When the police called her, she implicated OP. The trash that OP hauled was dumped at his grandmother's dump.

    I also had dinner at Alice's Restaurant.

  7. #7
    Join Date
    Apr 2017
    Posts
    2

    Default Re: What is Needed to Prove Tresspass

    Yes what I took from her house was properly dumped. What was left at her house was found in an empty lot. I have nothing to do with that and have no K pledge of how it got there, not do I care to find out. However, when the police asked her(finding her name on some garbage) she said that I removed it and it must have been me that left it in a vacant lot. However, I feel like there is no evidence in this matter. Someone saying that someone else did something is not enough to find someone guilty right?

  8. #8
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: What is Needed to Prove Tresspass

    Quote Quoting Codyallan9
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    Someone saying that someone else did something is not enough to find someone guilty right?
    WRONG.

    It depends upon many different things, including the credibility of the complainant/witness.

    The bottom line here is that if you have been charged criminally YOU NEED AN ATTORNEY. This is not a do-it-yourself matter.

  9. #9
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: What is Needed to Prove Tresspass

    Quote Quoting Codyallan9
    View Post
    Yes what I took from her house was properly dumped. What was left at her house was found in an empty lot. I have nothing to do with that and have no K pledge of how it got there, not do I care to find out. However, when the police asked her(finding her name on some garbage) she said that I removed it and it must have been me that left it in a vacant lot. However, I feel like there is no evidence in this matter. Someone saying that someone else did something is not enough to find someone guilty right?
    Get a lawyer.

  10. #10
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: What is Needed to Prove Tresspass

    Quote Quoting Codyallan9
    View Post
    What was left at her house was found in an empty lot.
    Well, we can agree on this much: It didn't sprout legs and walk from her house to the empty lot.

    I suggest trying to find witnesses, either in the vicinity of the woman's home or in the vicinity of the vacant lot, who can speak to how the items got from one point to the other. Maybe you'll be lucky and you'll find a security camera in the vicinity that might have captured some of the activity.

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