Class 3 misdemeanors

Discussion in 'Off Topic' started by dman24, Aug 10, 2018.

  1. dman24

    dman24 Active Member

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    Long story short I was riding my atv in a place that wasn’t allowed. I was in a group of 7 and everyone got the same ticket. We didn’t know that we shouldn’t be there, and we were not riding there, but it was where we parked our trucks and we were in the process of loading the atvs to go home. The tickets that we received are a class 3 misdemeanor according to the magistrates office that I spoke with today. I would like to know if this is something I should be worried with, or something that can show on a criminal record. I don’t have an issue with paying the fine of the ticket, just don’t want anything to effect my ccp, cdl’s or future job opportunities. If it won’t effect anything I’ll pay the fine and go on, if it will I will try to find an attorney. Just looking for wisdom from the group.
     
  2. J R Green

    J R Green Member Charter Life Member

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    Unless you have the charge expunged the fact that you were charged will always show up on a record check. Someone correct me if I'm wrong but I don't think it'll affect your CCH
     
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  3. concepthomes1

    concepthomes1 Your Neighbor Staff Member Charter Member Benefactor

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    I have one for moving through a crosswalk while people were in it.

    It didn’t affect anything for me.
     
  4. GeorgeBush

    GeorgeBush Member

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    I would talk to a lawyer regardless.
     
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  5. Spartan01

    Spartan01 Active Member

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    Shouldn’t effect your gun rights because,
    1.) it’s not a felony
    2.) no violence involved
    3.) not a gun crime/issue
    4.) no domestic violence (Lautenberg)

    Additionally, that was what you were charged with,
    You can almost always either plead it down, or fight it and win,
    I would hire a lawyer though.
    Expect it to cost anywhere from 500-5000,
    Depending on how often you have to go to court.
    Definitely show up to court, as it might get outright dismissed.

    Good luck
    Keep us posted.
     
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  6. captcave

    captcave Heretic

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    Charged with tresspassing?

    Pay a lawyer to handle it.
     
  7. Spartan01

    Spartan01 Active Member

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    You can also fight it,
    The way I would do it (speaking as a cop)
    Is plead guilty with an explanation.

    Tell the judge, your honor, I did that, I did trespass, but I didn’t mean to, I was unaware I was doing it at the time, I had no intent to commit a crime....
    That way, you are not questioning the state’s (officer’s) integrity. And you’re admitting fault and taking responsibility.
    Judges love that sort of thing
     
  8. CZfool68

    CZfool68 Int'l Man of Mystery Charter Member Sponsor Supporting Member

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    This. Especially if you could provide pictures of the area showing it was not posted in any way. A little himility along with some actual evidence should help your cause.

    Or hold up a fist and scream Black Lives Matter!

    Whatever your gut tells ya.
     
    Last edited: Aug 10, 2018
  9. blink.

    blink. Member

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    The DA will most likely lower the charge to something minuscule. If not it's just a minor offense. Won't affect anything you're worried about.
     
  10. J R Green

    J R Green Member Charter Life Member

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    Problem is there's nothing lower than a class 3 misdemeanor to reduce it to. If it wasn't posted I would plead Not Guilty.
     
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  11. hobart

    hobart Happy to be here

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    about 15 yrs ago me and several other guys got a trespassing (riding 4 wheelers) charge on state land in VA, called a close friend that is a criminal defense attorney and he suggested to try to get it dismissed for the same reasons you stated. he called the DA's office for that county and after I contributed $150 to the sherrifs assoc. fund the charge was dropped. I don't know if it would have affected anything but I'm glad I spent the 150
     
  12. beamernc

    beamernc LTC - Liberal Tear Collector Charter Member Supporting Member

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    Posted or not, it does not matter in NC.

    upload_2018-8-10_20-40-4.png
     
  13. CZfool68

    CZfool68 Int'l Man of Mystery Charter Member Sponsor Supporting Member

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    If it isn't somehow posted how would anyone know? If it is in suburbia with .5 acre lots it is obvious. Out in the woods it could be tougher. I guess we are all outlaws. Then again, that is by design. At least with feudalism the rules were clear.

    Pkus he said Class 3 misdemeanor. Guess Officer Friendly was having a bad day.
     
    Last edited: Aug 10, 2018
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  14. ontheroad

    ontheroad Uncultured Charter Member Supporting Member

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    Sounds like a fairy minor incident but depending on how big a deal you want to make out of it...

    Since the prosecution has the burden of proof, you could always go to trial, then ask the prosecution (a) if the officer actually witnessed operation on the property in question or just loading into a truck, which could be a result of just having to tie it down securely or something, (b) if any demand* was made by the officer for written consent of the landowner, (c) if they have survey and deed records that prove the accused did not in fact own the property in question (remember, the defendant has no obligation to testify in any way or provide incriminating evidence against himself) and (d) if there is a properly identified landowner has he provided any statement or evidence that the defendant did not have written permission to ride on the property and is he present in court to testify to this? If any of this is missing, move for immediate dismissal.

    *Did the officer elicit any testimonial evidence in an interrogatory fashion while the defendant was not free to leave? If so, Miranda should take effect. That would be the difference between "Do you have written permission to ride here?" and "Show me your written permission to ride here." The first essentially requires the suspect to provide evidence against himself by admitting to the crime if he has no permission. The second assumes that the law was followed and makes a lawful request.

    You could also go to the landowner after the fact and get written permission. I don't see anything in the law that says the permission needs to be in effect prior to the alleged violation, just that it has to exist. Buy the guy a case of beer, get a note that says it was OK on the date in question and ask for a nolle pros.




    Disclaimer: Not a lawyer or anything but kind of like reading about this stuff.
     
    Last edited: Aug 10, 2018
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  15. fishgutzy

    fishgutzy Senior Member Supporting Member

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    $10 fine, $500 court cost. :D
     
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  16. backwoodsshooter

    backwoodsshooter There’s no such things as ghost guns or ghost Charter Member Supporting Member

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    What was the ticket cited for?

    Was it for trespassing?

    You said y’all got a ticket for where the trucks where parked, was it on a private drive?

    Private land?

    Was it game lands?

    State or federal land?

    Was you pulled off the road or right of way?

    Parked in a field?

    So much details left out.
     
  17. CZfool68

    CZfool68 Int'l Man of Mystery Charter Member Sponsor Supporting Member

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    Ok, now that I have poured my third and final drink of the night my head is clearing.

    Why were you riding in a place where you weren't sure you had permission to ride?

    Pay the fine and STFU. :D
     
  18. Infamous1

    Infamous1 River Roamer Supporting Member

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    Sheriffs dept around here figured out they can't catch the trespassers on the atvs and the dirtbikes so they just find the trucks and trailers and wait. There was a reason the law enforcement was there, they were notified by a landowner. There is very little gray area for trespassing in NC, either you have permission or you own the property. I have been in pretty much the same situation and I am not throwing stones just stating what I ran in to. I agree with contacting a lawyer for advice. Best of luck with this!!!
     
  19. Darkhorse

    Darkhorse Well-Known Member Life Member

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    So I can ride a unicycle and be OK. This is good to know!



    : )
     
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  20. concepthomes1

    concepthomes1 Your Neighbor Staff Member Charter Member Benefactor

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    Hahaha

    I’m on my 8th hydrocodone of the day.

    We’re about at the same spot. Except for my future constipation.
     
  21. CZfool68

    CZfool68 Int'l Man of Mystery Charter Member Sponsor Supporting Member

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    Want me to drive down the wing sauce in my fridge?

    I had Qdoba's the other day and after every meal now I hit the can about 4 times. WTF? Whiskey seems to be ok. How cool is that?
     
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  22. dman24

    dman24 Active Member

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    The actual charge was operating an atv on gamelands. It was recommended to me to unload our atvs at a boat ramp and then ride a pipeline that runs through the area. Guy said he had been doing it for years and never had a problem, and it’s a guy who I have no reason to doubt. We unloaded and went for a ride for a few hours and got back to the trucks around 9:30pm. Wildlife officer pulled up as I was unlocking my truck to load up. He got out of his truck and informed me that we weren’t supposed to be riding there, and that boat ramps are considered game lands. I apologized and told him we didn’t know. We didn’t give him any problems or anything just took our tickets and left. He told us that he used to give out warnings for it but now he’s giving out tickets. To many people doing doughnuts in the gravel parking lot he said. It’s a $25 fine and $180 court cost.
     
  23. indie_rocker

    indie_rocker Active Member

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    Pay the ticket man. ATVs and gamelands are a no-go. I can't see a judge being very lenient with this one.
     
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  24. concepthomes1

    concepthomes1 Your Neighbor Staff Member Charter Member Benefactor

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    I may need it.

    We’ll see after tonigh.
     
  25. BatteryOaksBilly

    BatteryOaksBilly A SHOOTER Benefactor Life Member Supporting Member

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    Same in S.C. All private land is considered posted.
     
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  26. noway2

    noway2 Senior Member Charter Life Member

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    We’re YOU doing donuts in the gravel? No? Well then ... you get the point. If you decide to fight it that might be an interesting fact to bring up. You were ticketed because he was pissy with others.
     
  27. premise

    premise Member

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    Spoken like somebody that doesn't own acres of woods. If you think I'm going to spend 200 dollars and and countless hours posting every 5th tree on the outskirts of our property, you're wrong. It's simple, if you don't know if it's yours, it's somebody else's, so keep the hell out. Granted, I confront trespassers myself and if they're apologetic, I'll send 'em on. If they've torn my plots or creek banks all to hell with 4-wheelers, they need to pay.
     
    Last edited: Aug 11, 2018
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  28. ripv2

    ripv2 Rooster Bullets Benefactor Charter Life Member

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    Tresspassers and poachers are entitled pricks in my experience. Litterbugs are in the same group.
     
    Last edited: Aug 11, 2018
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  29. Infamous1

    Infamous1 River Roamer Supporting Member

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    Gamewarden told a guy a I worked with "ignorance is no excuse". Pay the piper and mark it up as a lesson learned.
     
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  30. BatteryOaksBilly

    BatteryOaksBilly A SHOOTER Benefactor Life Member Supporting Member

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    Welllllll..That about sums it up. I like the way you think.
     
  31. premise

    premise Member

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    Sorry about the "you don't know what it's like" comment, but I've dealt with too many parents that act so incredulous when I drag their damn trespassing kids back to the house. "How do we know those are your woods?" Like it wouldn't matter if they belonged to somebody that wouldn't catch them. People act entitled to land for some reason. I've taken a side grinder to many a ladder stand 7 feet up the rungs and actually had one b*tch with the gall to bring a deputy to my house for dismantling hers with a recip saw and tossing it in the field. All I can tell you is that if she brought that deputy for her protection, then she well heeded my reputation.

    Sad part is, I truthfully wouldn't mind kids playing in the woods and in the creek, as it was a fundamental part of my childhood, but with the white trash around here, I know it would only be a matter of time before my homeowner's were sued for who knows why, the litter would pile up, and somebody would hurt one of the dogs.
     
  32. SPST

    SPST Member

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    More than likely he gave them a ticket because they have had problems with atv's at boat ramps.
     
  33. captcave

    captcave Heretic

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    So you've got people telling you to pay the ticket and move on, and other to fight it.

    My suggestion to get a lawyer isn't to fight it in court, it's to get the lawyer to get the ada assigned to the case to reduce or drop the charge. The idea would be to never even have to go to the courthouse. Pay the lawyer and forget about it.

    If the charge isn't going to mess up your record, job, etc, then you can always pay it and move on.
     
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  34. Derek8404

    Derek8404 Plank Owner Charter Member

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    I was in a very simialar situation several years back in the Croatan game lands. Buddy and I were camping and had pulled our trucks off the side of the dirt rode that came from a gravel turn around and set up camp. There were no signs and this appeared to be a pretty established dirt road. Well at some point in the night we get woken up by a warden and he told us we weren’t allowed to be driving back there and that the state didn’t put up signs anymore because “people shoot them”.

    So we each too our tickets and showed up on our court date and pled not guilty. The judge had us come up, swore us in and had kind of a mini trial. The warden was there and after we told our side, the judged asked him if he thought it was reasonable that we could have believed we were allowed to drive there. The warden agreed that he could see where we would think that, then the judge asked about our demeanor with him during the interaction and the warden told him we were polite and respectful. Judge found us not guilty and tossed everything out.
     
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  35. blink.

    blink. Member

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    See if you can make a deal with the court to do some community service at the boat ramp (cleaning up, paint curbs, etc...or somewhere else of their choice..) in exchange for them dropping the ticket.
     
  36. beamernc

    beamernc LTC - Liberal Tear Collector Charter Member Supporting Member

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    Same here. I have a couple acre track with a pond about 5 miles from my house and continuously have issues with atv's. I have probably put up over 100 posted signs only to have them torn down. They have torn down fence that I put up and cut/pushed over trees to make paths. They have ridden on the dam so much and caused it to wash out until there are places over 4' deep. I have had them threaten to "whoop my ass" on my own property and have recorded a couple of them. Calling the sheriff's department has not helped even when I give them the addresses of the trespassers.
     
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  37. premise

    premise Member

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    Rolls of duct tape like a stick with 6 penny nails pushed through them spray painted brown, about 20 on the paths. Spiderwire between trees at a height of 4 feet. Treble hooks hanging from tree branches at face height. Toe poppers made out of 6 shot 12 gauge shells. These are all ideas for coyote traps, by the way.
     
    Last edited: Aug 11, 2018
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  38. Bailey Boat

    Bailey Boat Senior Member Charter Member Benefactor Supporting Member

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    One of my favorite's "we didn't know the land belonged to anyone".... REALLY??? Are you so damned stupid that you think there's still FREE land available??
    I've got 350 acres in south GA and when I first took possession there were issues with rednecks that had been hunting/partying
    there a long time, uncontested, without permission. There were some encounters, some good, some bad. When they finally figured out that I was as big a redneck as they were and an even bigger ASS it pretty much stopped.
    Several police encounters and ONE civil suit for damages they he couldn't pay so I liened his house and 3 acres and was ready to sell it at auction finally got their attention and things cooled down. I have several people that keep an eye out and alert me if/when they see anything and I don't bring them into any prosecution matters. Things have cooled down significantly over the past 4 years and I really don't expect them to be a problem again...

    So, to the OP.... YOU didn't own the property and you KNEW you didn't have permission and you KNEW the 4 wheeler's cause damage. And you're concerned when you got caught. Man up to what you did, take the consequences and learn something from the experience. Trying to side step the responsibility is the C.S. thing to do....
     
    Last edited: Aug 12, 2018
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  39. noway2

    noway2 Senior Member Charter Life Member

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    And how the hell does putting more money in the crown’s coffer do ANYTHING to make it right for the property owner?
     
    Last edited: Aug 12, 2018
  40. Bailey Boat

    Bailey Boat Senior Member Charter Member Benefactor Supporting Member

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    So, let's just let it slide 'cause I'm certain he didn't really mean to. He was looking for his safe space but it was occupied so he trespassed..... But it's okay this time....
     

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