Law Advice, re: white priveledge, etc.

dimanche 30 août 2015

Hey all,

So last weekend I got in trouble for stepping outside of the high water line on a ranch in Montana while fishing. Montana has a stream access law that allows anyone to walk up a waterway through private property as long as they stand within the high water line. A friend and I were fishing, and were not cutting across fields or anything like that, but stepped onto a bank probably 3' outside of the water line.

The ranch manager then called the cops and said he has us on gopro footage, and we didnt argue. We were completely civil and apologetic, and were cited with misdemeanor criminal trespass.

The tricky part about this is that this is my second criminal trespass offense. When I was younger I climbed onto a building downtown with no malicious intent, and was able to get a deferred sentence for that, which affectively seals the record and makes the misdemeanor not show up on a background check. You can do this deferred thing a maximum of two times on misdemeanors.

My plan of action is to go to the court, ask for a second deferred sentence and simply explain my case. I realize that we were entirely in the wrong and that the land owner had every right to do what he did, but I would like to get the sentence deferred and sealed.

So I guess the real question is as follows. The judge will either grant the deferred sentence, or say no way. At this point I have the ability to hire an attorney and take care of the misdemeanor, which would likely cost about $1000. My other option is to simply pay the fine and move on.

I am thinking that since this is such a minor misdemeanor, that it isn't worth paying that amount of money to remedy the situation. Anyone here think differently? Would love to get some feedback. Curious as to how it would affect future job applications (in school again for electrical engineering) or just general life stuff.

Court date is on tuesday of this week, so I will keep this thread updated.

TL;DR single going to jail, dont drop the soap.
Law Advice, re: white priveledge, etc.

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