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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16701
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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HI, To keep the story short, I sued a fraudulent dog breeder

Customer Question

HI,
To keep the story short, I sued a fraudulent dog breeder in Pennsylvania. I was rewarded judgment against her. We came upon an agreement to meet at an animal hospital near her residents to pick up a new puppy to satisfy the judgment. We were instructed by the dog breeder to meet on july 5th at 3:45PM. We had also confirmed with the breeder 12 hours before our scheduled meeting. At 3:23PM, the breeder sent us a Text message to call off the meeting and told us to take the judgment up our A**. It took us 3 hours plus of driving and took a day off work to go up there.
Since the animal hospital is 2-3 mins away from her residents (her Daughters house, Also her primary resident), we drove up there to see if the puppy is there. When we walk up to their house, we heard dog braking, so we were curious to see if the puppy is over the fence in their back yard. I took out my camera and raised up my hand to see if the puppy is in fact in their back yard(the back yard and house is on the side on the road it’s all connected) So we did not enter in any fenced area of the house. As soon as I took my camera, we heard a high speed vehicle approving at me trying to run me over. I was able to get 1-2 seconds of the recording overlooking the back yard and the entire recording of the car approaching at me. In facts, the driving is the dog breeder. I was lucky enough to evade her car and they came out of the car chasing at me. There were no explanations on neither why they had approached me nor any warning to get off their property.
When we had escaped, we call the cops reporting the incident, the dog breeder had told the cops I was trespassing and we will be cited for both side of our story. I believe she will be citied for attempted murder and I will be cited for trespassing.
I will receive a court date soon regarding this case. I work in an industry where I need to have a clean background. I am not sure if this will be considering a felony because I have not intruded into their fenced property. Please advise what I should do.
I was also told that she had many similar incident in the past and she is a well know trouble maker in that town.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Below is the statute under which you could be charged and which you can use to apply the facts of the incident to, to determine if and why you may be charged. It is very possible that if the officer did not cite you on the spot, that they may not cite you at all, considering the actions of this women. Based upon the facts which you described above, even though you did not enter through the fence, you were still on their property unless the property line that you were standing on was public property and you did place your camera over the fence, to to see if the puppy was in the back yard. The facts as you stated really do not warrant a felony charge and if anything, the State may review the facts and decide to file this as a misdemeanor, if at all. For charges like this, the State may also even offer a diversion program, to get the case dismissed, for first time offenders. You could always inquire about that if you are charged and have to appear. Moreover, you have every legal right to fight this and if there were not witnesses to what happened, the State may have a hard time to prove the charge against a reasonable doubt. While this women may have tried to run you over, she may have not actually witnesses anything but you standing by the fence, which may in itself not be a basis for the charge.

§ 3503. Criminal trespass.
(a) Buildings and occupied structures.--
(1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he:
(i) enters, gains entry by subterfuge or
surreptitiously remains in any building or occupied
structure or separately secured or occupied portion
thereof; or
(ii) breaks into any building or occupied structure
or separately secured or occupied portion thereof.
(2) An offense under paragraph (1)(i) is a felony of the
third degree, and an offense under paragraph (1)(ii) is a
felony of the second degree.
(3) As used in this subsection:
"Breaks into." To gain entry by force, breaking,
intimidation, unauthorized opening of locks, or through
an opening not designed for human access.
(b) Defiant trespasser.--
(1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he enters or remains in
any place as to which notice against trespass is given by:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or
reasonably likely to come to the attention of intruders;
(iii) fencing or other enclosure manifestly designed
to exclude intruders;
(iv) notices posted in a manner prescribed by law or
reasonably likely to come to the person's attention at
each entrance of school grounds that visitors are
prohibited without authorization from a designated
school, center or program official; or
(v) an actual communication to the actor to leave
school grounds as communicated by a school, center or
program official, employee or agent or a law enforcement
officer.
(2) Except as provided in paragraph (1)(v), an offense
under this subsection constitutes a misdemeanor of the third
degree if the offender defies an order to leave personally
communicated to him by the owner of the premises or other
authorized person. An offense under paragraph (1)(v)
constitutes a misdemeanor of the first degree. Otherwise it
is a summary offense.
(b.1) Simple trespasser.--
(1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he enters or remains in
any place for the purpose of:
(i) threatening or terrorizing the owner or occupant
of the premises;
(ii) starting or causing to be started any fire upon
the premises; or
(iii) defacing or damaging the premises.
(2) An offense under this subsection constitutes a
summary offense.
(b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is
not licensed or privileged to do so he:
(i) enters or remains on any agricultural or other
open lands when such lands are posted in a manner
prescribed by law or reasonably likely to come to the
person's attention or are fenced or enclosed in a manner
manifestly designed to exclude trespassers or to confine
domestic animals; or
(ii) enters or remains on any agricultural or other
open lands and defies an order not to enter or to leave
that has been personally communicated to him by the owner
of the lands or other authorized person.
(2) An offense under this subsection shall be graded as
follows:
(i) An offense under paragraph (1)(i) constitutes a
misdemeanor of the third degree and is punishable by
imprisonment for a term of not more than one year and a
fine of not less than $250.
(ii) An offense under paragraph (1)(ii) constitutes
a misdemeanor of the second degree and is punishable by
imprisonment for a term of not more than two years and a
fine of not less than $500 nor more than $5,000.
(3) For the purposes of this subsection, the phrase
"agricultural or other open lands" shall mean any land on
which agricultural activity or farming as defined in section
3309 (relating to agricultural vandalism) is conducted or any
land populated by forest trees of any size and capable of
producing timber or other wood products or any other land in
an agricultural security area as defined in the act of June
30, 1981 (P.L.128, No.43), known as the Agricultural Area
Security Law, or any area zoned for agricultural use.
(c) Defenses.--It is a defense to prosecution under this
section that:
(1) a building or occupied structure involved in an
offense under subsection (a) of this section was abandoned;
(2) the premises were at the time open to members of the
public and the actor complied with all lawful conditions
imposed on access to or remaining in the premises; or
(3) the actor reasonably believed that the owner of the
premises, or other person empowered to license access
thereto, would have licensed him to enter or remain.
(d) Definition.--As used in this section, the term "school
grounds" means any building of or grounds of any elementary or
secondary publicly funded educational institution, any
elementary or secondary private school licensed by the
Department of Education, any elementary or secondary parochial
school, any certified day-care center or any licensed preschool
program.

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Customer: replied 1 year ago.
The dog breeder had actually given us her address of the residents. can we use that in our favor? Since this meeting was instructed by the dog breeder to meet near her resident.

There are no sign of trespassing on their property. We were simply on the side of the property connecting to the road/ side walk. My hand is not over their fence.

She was charged and guilty of false statement in the past. Can we use that against her?
Expert:  LegalKnowledge replied 1 year ago.
Sorry for the delay. If the meeting place was NEAR but not AT the residence, it could not be used in your favor, since you still would have not had permission to be there. If she invited you to the home, that would have been a different story. However, you did say you were on the road/side walk, which could have be for public access. If so, then the State would look at your actions with the hand and the camera to see if there would be a basis to proceed. I also understand she was charged and found guilty of a false statement in the past but it would have to be relevant to this case. If she were to lie on the stand, this may be something which could get brought out at trial.
Customer: replied 1 year ago.
Based on this video, what would you advise me to do next when I receive my court date. This is also my first encounter with the dog breeder since I sued her.

http://youtu.be/DLXFDma1lvo

Please advise if I should get a lawyer based on this video.
Expert:  LegalKnowledge replied 1 year ago.
That is a crazy video. If you get charged and receive something in the mail, I think you should retain legal counsel. It is important to remember that her actions in driving the car and trying to run you over, are separate and apart from what they may charge you with. If that dirt road was a common area open to the public, the only issue would be that of the camera going over the fence or close to it, to see what was behind there. When you read the statute, it may be hard for the State to even classify you as a simply trespasser, after you allow them to view the video. Her statement to the police may contradict what the video shows you to be doing. Your attorney could meet with the prosecutor, show them the video and they can see there is really no good faith basis to proceed.
Expert:  LegalKnowledge replied 1 year ago.
Hi Allen. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.
I should be getting my court notice soon. I will finalize my question when I receive my court documents.

Thanks again!
Expert:  LegalKnowledge replied 1 year ago.
Thank you. If there is nothing else at this time, please remember to rate my help with 3, 4 or 5 faces, so I can get credit for my answer. You can always come back and ask follow up questions related to this question, as needed.
Customer: replied 1 year ago.
At one point, we did have a text message from the dog breeder inviting my girl friend via text message to go to her resident three months ago. (March 2013) But at that time the dog breeder does not know she was my girlfriend. But during the date of the incident July 5th, she was with me the whole time. Could I use that to our favor?
Expert:  LegalKnowledge replied 1 year ago.
It is unlikely. The reason being is that she was invited in March and this incident occurred July 5th, at which time there was not permission to enter or go upon the subject property.

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