Q: arrested for trespassing and went to jail , in a garage with no doors or windows. No signs posted or surrounding fence
My court date has passed and I missed it. I am not guilty and my car was broken into while I was in jail, the officer told me that it would happen and that's why he was gonna leave it there.. the resident has permission to stay there and I was just visiting, and haven't walked up to the house yet to knock
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A:
Based on the details you provided, it seems like there may be potential issues with the trespassing charge and arrest. Here are a few key points to consider under California law:
1. For a trespassing charge to be valid, the property owner generally must have posted clear signs or given direct notice that entry is forbidden. If there were no signs or fences indicating that the garage was off-limits, that could be a defense against the charge.
2. If the resident you were visiting had permission to be on the property and in the garage, and you were there as their guest, that could also potentially be a defense against trespassing.
3. Missing a court date usually results in a bench warrant being issued for your arrest. However, you may be able to file a motion asking the judge to recall (cancel) the warrant, explaining the circumstances and that you intend to appear and contest the charge.
4. If your car was legally parked and damaged while in police custody, you may have a claim against the police department for the damages.
Given the seriousness of the situation, your best course of action would be to consult with a criminal defense attorney as soon as possible. They can assess the specific details of your case, advise you of your options, and help you navigate the legal process, including potentially filing a motion to recall the warrant and appearing in court to contest the trespassing charge.
Many criminal defense attorneys offer free initial consultations. If cost is an issue, you can look into public defender services or legal aid clinics in your area that may be able to provide low-cost or pro bono assistance.
The key is to act quickly to get legal advice and avoid additional legal jeopardy from the missed court date and outstanding warrant. An experienced local defense attorney will be best equipped to evaluate your case and advise you on how to proceed based on the particulars of your situation and the relevant California laws.
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