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  1. #11
    Join Date
    Aug 2009
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    11

    Default Re: False Claim of Tresspassing

    Quote Quoting jk
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    that is up to the courts.

    Unless the successive complaints are part of the charge, what you were doing during the time, while not totally irrelevant, has limited and disputable impact on the one trespassing charge.
    Meaning???

    Quote Quoting chr!s
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    It was 600 something I can't remember the exact one. yeah I just called him right now and he said the same thing about the one tresspassing is enough. But is a first time tresspassing and this so called tresspassing was 10 feet from the side walk on a patch of grass on 'school property', almost a year old, is that really worth formal probation in a city I haven't lived in for 8 months 400 miles away.



    U hit the nail right on the head
    Well acually I wouldn't say thousands more like 40 bucks in taxes, that was my first week working and I get paid 300 bucks a project and a project takes like 2 3 weeks, nothing major

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: False Claim of Tresspassing

    Whether I think the crime is worth formal probation or not is irrelevant. If that, plus the fine, is what the sentence is then that is what it is. Where I live it would likely be informal probation.

    If it was just trespassing, then it was one of the subsection of PC 602, more than likely (perhaps 602(l)) and that requires you have som prior notice not to be there. I suspect you were expelled or previously told to stay away from the school?

    As for the penalties your former boss might face it is more than just the taxes, he could be penalized THOUSANDS for every violation of FLSA, FICA, etc. The penalties will greatly exceed the amounts he should have paid you, so this is why he doesn't really want to get involved.

    - Carl

  3. #13
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    Aug 2009
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    11

    Default Re: False Claim of Tresspassing

    Quote Quoting cdwjava
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    Whether I think the crime is worth formal probation or not is irrelevant. If that, plus the fine, is what the sentence is then that is what it is. Where I live it would likely be informal probation.

    If it was just trespassing, then it was one of the subsection of PC 602, more than likely (perhaps 602(l)) and that requires you have som prior notice not to be there. I suspect you were expelled or previously told to stay away from the school?

    As for the penalties your former boss might face it is more than just the taxes, he could be penalized THOUSANDS for every violation of FLSA, FICA, etc. The penalties will greatly exceed the amounts he should have paid you, so this is why he doesn't really want to get involved.

    - Carl
    Yeah I did get expelled, the morning of the meeting at the school I walked past the meeting room to the room next door to give my friend a hug and when I went back he told me that I can't be walking inside of school. Fine I didn't, I didn't know that applied to me waiting for everyone in front of the school as well. The warning was me inside school so doesnt that only refer to the inside? He never said anything about me waiting outside so I thought it was irrelevent

  4. #14
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: False Claim of Tresspassing

    Quote Quoting chr!s
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    Yeah I did get expelled, the morning of the meeting at the school I walked past the meeting room to the room next door to give my friend a hug and when I went back he told me that I can't be walking inside of school. Fine I didn't, I didn't know that applied to me waiting for everyone in front of the school as well. The warning was me inside school so doesnt that only refer to the inside? He never said anything about me waiting outside so I thought it was irrelevent
    It applies to returning to school grounds at all, and that language is usually contained in the expulsion documents.

    It is odd that it has taken this long to get to trial. But, now that it has, you'll have to deal with it.

    - Carl

  5. #15
    Join Date
    Aug 2009
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    11

    Default Re: False Claim of Tresspassing

    Quote Quoting cdwjava
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    It applies to returning to school grounds at all, and that language is usually contained in the expulsion documents.

    It is odd that it has taken this long to get to trial. But, now that it has, you'll have to deal with it.

    - Carl
    ??? Documents? I never got any documents besides the ones that stated what I did

  6. #16
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: False Claim of Tresspassing

    Quote Quoting chr!s
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    ??? Documents? I never got any documents besides the ones that stated what I did
    Usually among the things you or your parents signed and/or received is a notice that says you understand you are not to return. I suspect that THEY have a copy of such a document, or are prepared to testify that you were verbally told not to return. Since you acknowledge being told this, that is not going to be much of an argument.

    I suspect that if you are truly living 400 miles away, and are no longer involved with anyone at the school, that the DA may opt for a plea that will allow this to go to informal diversion of some kind ... in other words, if the DA does not drop it outright, he or she might allow you to keep your nose clean for 6 months to a year and they will drop the matter.

    But, these are things to discuss with your attorney.

    - Carl

  7. #17
    Join Date
    Aug 2009
    Posts
    11

    Default Re: False Claim of Tresspassing

    Quote Quoting cdwjava
    View Post
    Usually among the things you or your parents signed and/or received is a notice that says you understand you are not to return. I suspect that THEY have a copy of such a document, or are prepared to testify that you were verbally told not to return. Since you acknowledge being told this, that is not going to be much of an argument.

    I suspect that if you are truly living 400 miles away, and are no longer involved with anyone at the school, that the DA may opt for a plea that will allow this to go to informal diversion of some kind ... in other words, if the DA does not drop it outright, he or she might allow you to keep your nose clean for 6 months to a year and they will drop the matter.

    But, these are things to discuss with your attorney.

    - Carl
    HALLALUYA thanks

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