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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12366
Experience:  JD, MBA
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I'm from Tennessee. I was issued with a citation trespassing

Customer Question

Hello. I'm from Tennessee. I was issued with a citation for criminal trespassing in an area with not one posted sign. The officer was very close to my wife and mother in law and made 3 very offensive remarks. One has he was handing me the citation he said tell my little baby doll ol uncle terry says hello, he's not her uncle no kind at all and this is the first time I have ever saw him. He told us we did not have to go to court we could just pay it. When I was signing the citation I noticed there was no court date filled in or sworn in date but I didn't think anything about it it being my first citation I thought since he told me I didn't have to go to court why should there be a court date. So I called to see the amount of the citation and it wasn't on file so the clerk said let's look it up one more way and she asked for my court date. I told her there wasn't one. She replied with oh honey there has to be a court date and I said I'm looking where it should be and it didn't get filled in. Her words were ott oh. So I called the chief made a complaint about the offers misconduct in comments about my wife and he said he could clearly see where I would be offended. He checked on the ticket and called me back 2 days later and told me my citation did indeed get filled out correctly except for the sworn in date. I went to county clerk and got copy of the original and the second copy. The officer had went back and filled in all the important areas he had left out on his copy but mine doesn't match
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Do you have any specific questions? I just want to make sure that I understand what legal information you are seeking.

Thank you.

Customer: replied 1 year ago.
I am wanting to know if the altered citation by the officer and the comments about my wife are worth me fighting to get it throwed out. I have clean record
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

The comments regarding your wife are clearly unprofessional, but they have nothing to do with your alleged trespassing, and so the comments would not help you to get the citation thrown out. Your recourse there is to do exactly what you already did, which is to complain to the chief and ask that the chief take action against the officer.

I'm also sorry to say that the missing date on your citation would not be a way to get the citation thrown out either because, again, it has nothing to do with the alleged trespassing. If you were not aware of the hearing, and you missed it and were found guilty, then the missing date on your citation would certainly be justification to have the judgment against you vacated and a new hearing date set ... but that's not an issue anymore since you now know of the upcoming court date. The bot***** *****ne is that when you are in court defending yourself for trespassing, I don't think that the judge will care at all that the citation handed to you at the time did not have a court date. The judge will likely say "well, you're here now, so let's talk about these charges."

So, unfortunately, those technicalities will not likely help your case. You will probably need to rely on a substantive argument, such as the fact that there weren't any "No Trespassing" signs, and that therefore you had no idea that you were trespassing.

I am truly sorry that my answer may be bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!