Hey, gentlemen - Headed up to Table Mesa Rd and East today with a buddy of mine (passenger in my LandCruiser) and ran afoul of MCSO who wrote Traffic Ticket and Complaints on both of us for the above ARS related to trespass on State Trust Land for not having the $15 annual permit. They were ticketing others moving through the area as well, and stopped us on our way back West across Table Mesa about 4 miles from I-17 just after lunch. The stop was cordial but they were slinging AR15's, and asked me to follow them back to I-17 to finish the paperwork, which we did.
At all times, I was respectful and though the State Trust Land white markers are posted at the entry going East on Table Mesa - I was unaware that traversing the State Trust Land would require a permit, thinking that we were only passing through.
One of the Sheriff's officers mentioned that this is written as a 'Criminal' offense only because it took place on State Trust Land, and also went out of his way to mention that getting the permits BEFORE we show up on the court date will go far with the Judge if we plead ignorance along with demonstrating that we're doing the right thing by getting the annual permit for $15.
At this point, I'm mailing my State Trust Land permit request off on Monday morning with my $15 and plan to show up in court with it and my Tonto Permit (in possession since Feb-2014) as proof that I get the necessary permits when I know that I need them. I guess I'll hope for the best.
ARS13-1302 reads:
13-1502. Criminal trespass in the third degree; classification
A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.
C. Criminal trespass in the third degree is a class 3 misdemeanor.
Pretty upset that my buddy is also inconvenienced by needing to take a morning out of work to be in court on this, and concerned about this being labeled a Criminal Trespass charge.
Any experience, tips, suggestions? Thanks, and while I'm embarrassed by the events today, I know you guys may be able to help out. Thanks, in advance,
At all times, I was respectful and though the State Trust Land white markers are posted at the entry going East on Table Mesa - I was unaware that traversing the State Trust Land would require a permit, thinking that we were only passing through.
One of the Sheriff's officers mentioned that this is written as a 'Criminal' offense only because it took place on State Trust Land, and also went out of his way to mention that getting the permits BEFORE we show up on the court date will go far with the Judge if we plead ignorance along with demonstrating that we're doing the right thing by getting the annual permit for $15.
At this point, I'm mailing my State Trust Land permit request off on Monday morning with my $15 and plan to show up in court with it and my Tonto Permit (in possession since Feb-2014) as proof that I get the necessary permits when I know that I need them. I guess I'll hope for the best.
ARS13-1302 reads:
13-1502. Criminal trespass in the third degree; classification
A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.
C. Criminal trespass in the third degree is a class 3 misdemeanor.
Pretty upset that my buddy is also inconvenienced by needing to take a morning out of work to be in court on this, and concerned about this being labeled a Criminal Trespass charge.
Any experience, tips, suggestions? Thanks, and while I'm embarrassed by the events today, I know you guys may be able to help out. Thanks, in advance,