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How can you be charged with criminal trespassing for entering a graveyard if there are no signs and the gate is open
Anonymous8 views4 answers
the gate was clearly open there were no viable signs and the lights were on and on top of being charged with this bogus crime we had to wait in a car for a hour before we even knew what was gonna happen
Is there a sign posted that lists the cemetary's hours?
Ohio Revised Code 2911.21 Criminal trespass:
(A) No person, without privilege to do so, shall:
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure.
It would deend on all the facts and circumstances of your case as to what your defense might be.
You should hire an attorney. The mental intent element of Trespass is knowingly. This means that the state must prove that a reasonable person would have known or should have known that they were not permitted in the area. This can be done by showing that the person was in the place after hours. Example 2 am. It can also be shown by your actions. What were you doing in the cemetary. There are many defenses to trespass that may be available to you. Hiring an attorney is your best option.
Attorney Chris Beck
Beck Law Office, L.L.C.
Beavercreek, Ohio
(937)510-6110 phone
[email protected]
www.becklawofficellc.com
Most definitely hire an attorney. Additional information is needed, but my gut is that there is a decent amount of negotiation ammo for your lawyer. I have a Cleveland and Akron office and would be happy to speak with you.
www.ashleyjoneslaw.com
John Michael StrykerIntellectual Property Law AttorneyRocky River, OH ·
Is the graveyard publicly (by a city) or privately (perhaps a church) owned? I agree with the others that you should hire an attorney. If it was privately owned perhaps your attorney could talk to the owners about it. If it's publicly owned it's up to the prosecutor.
A graveyard not having a gate is not an indication that it's open 24/7 so that won't help you. Your attorney can represent your intent while you were there. If they buy it they may agree to not prosecute.
