Q: Can i get charged with trespassing if i accidentally walked to a gated community with no trespassing signs?
Was playing pokemon go and looking down and looked up to see no trespassing signs posted, I left quickly after without touching anything when i was there for around 20 seconds at most.
update: I was playing pokemon go and just following the map on the phone and realized i trespassed when i saw the signs that says No Trespassing, 24 hour surveillance, I quickly left the place right after, nobody talked to me or anything, but am paranoid by the fact that i walked into an area i'm not supposed to be in
A: need more info
but i would be surprised if you were arrested for that and more surprised if a jury would convict you...if you had a good lawyer
A: It's unlikely that you would be charged with trespassing. The 1st element which has to be proven is your identity. Even if there were surveillance cameras, how would anyone know it's you?
There are many other defenses to a trespass charge. If you are criminally prosecuted, I recommend that you hire a skilled and experienced criminal defense lawyer in your area.
A: Most likely not.
To commit criminal trespass, you must: (1) intentionally enter onto someone else's property; (2) without the owner's consent; and (3) remain on the property until you are removed. Penal Code 602(m); CALCRIM 2931.
Since you were not asked to leave, then, by law, you have not committed the crime of trespass. Even if the gated community were to submit the surveillance footage of you to the authorities, the prosecution would have difficulty even alleging the offense since you were not removed from the site.
In the future though, when playing Pokemon Go, be sure to mind your surroundings as often as you consult the in-game map.
Best of luck.
Michael J. Ocampo, Attorney at Law
1 user found this answer helpful
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