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  1. #1

    Default Railroad Trespassing

    My question involves criminal law for the state of: Arkansas

    A group of peers and I have recently been charged with misdemeanor criminal trespassing for our presence on railroad tracks on night. We were committing no other illegal, or even inappropriate acts, and we were unaware of the illegal nature of our presence there, since there were no markers to designate our actions as trespassing.

    We were also informed that Union Pacific had to stop train movement on the tracks for 15-30 minutes while the officers escorted us off the railroad. Because of Union Pacific's involvement this has been ruled a federal matter and they have assigned a federal agent to handle this. We were also informed that Union Pacific could raise the charge from misdemeanor to felony.

    My questions are these:
    1) What are the possible penalties (maximum and minimum) in terms of fines and jail time, that could be given for the misdemeanor criminal trespassing charge?

    2) If Union pacific raises the charges what will charges could they raise to?

    3) What would be the fines or jail time related to those possible raised charges that Union Pacific may choose to pursue?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Railroad Trespassing

    1. Look up the state or federal statute you're charged with violating, and you'll learn the penalty. I'm not going to guess.

    2. The prosecutor makes the charging decision. I'm again not willing to guess as to what statute might be involved, or whether we're talking state or federal law. Ask the person who "informed" you to identify the statute.

    3. See #1.

  3. #3

    Default Re: Railroad Trespassing

    I just have to ask what bizarre set of circumstances existed that it took 15-20 minutes to move a couple of people off of a railroad track. Were you on a bridge or some other place where you couldn't just take a few steps such that train traffic had to be interrupted for police to deal with you??????????

  4. #4

    Default Re: Railroad Trespassing

    they escorted us off the tracks and back to their police cars. We were there voluntarily and unharmed but the police need the permission of Union Pacific to get on to the tracks (since it is illegal) and that permission is only granted once the trains are stopped so they had to make the request, stop the trains, come across a small creek parallel to the tracks, work their way to where we were on the tracks (near, not on, a bridge), escort us back and give U.P. the all clear.

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