Good trespassing attorney

R

Ryan_is_fishing

New Member
Messages
1
Hi all. I got hit with a ?trespassing during wildlife activites? charge while on my bear hunt in the La Sals last year. We drove on an unmarked road to access public land and got hit with the charge. All a bunch of BS.

Does anyone know or have experience with or know a good attorney in Southeast Utah...anywhere from Moab to Blanding? The charge is in San Juan county. I need to fight this so I don't loose my hunting license for a couple years. Thanks for the suggestions.
 
Was you on private land or just off road.A buddy of mine got hit for driving off road and it cost him $840.00 down there on a deer hunt. I don't think you can loose your hunting privileges for driving off road on BLM or the forest.Not sure if you were on private land what they can charge you with.
 
Were You Sneaking in to REDDS?:D








I know so many people in so many places
They make allot of money but they got sad faces

It Ain't Easy being Me!:D:D:D
 
Nothing has to be Marked anymore!

I Don't agree with it!

Me & Jr almost had Our Front Tires on a Cattle Guard in Colorado a Few Years ago with the Map Lights on reading a Map trying to Figure out what was what at 4:30 AM when This Arrogant PRICK Land Owner started Hammering on My Window!

Screaming:Don't You Utah People know this is Private Property?

I Said:I'm Not on Your Property Yet,So Cool It!

Told Him I Was Teaching My Young Son how to Obey Rules,Not Break them!

A Cattle Guard with No Fence on Either Side!

Told the ASSSHOLE if He was that Petrified of Somebody Crossing the Cattle Guard it Might be worth putting one Post up with a Sign or some Paint on it!

I Know,He doesn't have to do it!

But He Didn't need to be a F'N PRICK Neither!

I Hope He Reads this!

Once a PRICK,Always a PRICK!












I know so many people in so many places
They make allot of money but they got sad faces

It Ain't Easy being Me!:D:D:D
 
Ran into a similar situation in Wyoming on a mule deer hunt once. Two and a half feet of my pickups rear end happened to be parked over some a-holes line and he threw an absolute fit. Was hunting on a big chunk of BLM , doing it the right way but he had the sheriff waiting for me when I hiked out after dark. Luckily the sheriff measured everything up and totally understood how ridiculous it was ! The days of common decency are long gone !
 
Today's technology this should not be an issue anymore... onx and basemaps are cheap apps... way cheaper than any ticket or getting yelled at...

4b1db2ac644136c4.jpg
 
LAST EDITED ON Feb-19-19 AT 09:01AM (MST)[p]you won't loose your hunting rights so I had question this last year I was hunting around this area I didn't know it was private there was no fence I thought it was BLM then I got my GPS and checked the area and found out it was private so I called the DWR they told me if there is no fence they can't stop you but if there is a fence and even though it's not posted correctly it could go either way so with the way technology these days in my opinion nothing should be marked everybody should know where their hunting...
 
LAST EDITED ON Feb-19-19 AT 05:31PM (MST)[p]LAST EDITED ON Feb-19-19 AT 05:28?PM (MST)

Either you arent telling us the whole story or the charge is bullchit. If the road wasn?t marked at the gate or fence crossing, then they have 0 grounds to write you the ticket and much less convict you. If land isn't clearly marked as private by the land owner, you can access and use said property for legal activities until contacted by the owner or manager, at which point you need to leave if asked to do so. THEN they can charge you with trespassing if contact has been made and you returned again. Read the laws on trespassing in Utah in the big game guide book. It's pretty black and white on what is considered trespassing. If what you are saying is exactly how it really was and they don't have any hard evidence to suggest otherwise, you have nothing to worry about. People would be amazed if they knew how much private land gets used by the public every year without them ever knowing they are on private lands
 
You do not have to be asked to leave for it to be trespassing. And your land no longer has to be clearly marked. That law changed back in 2012-ish. The only way to ensure you are legal on private property is to either is own the land, or have written permission to be where you are. Otherwise, you are on sketchy ground, no pun intended.

I will defer to others expertise on losing hunting privileges, however.
 
Copied and pasted directly from the last published field regs (2018)


?Trespassing
Utah Code ?? 23-20-14 and 23-20-3.5
While taking wildlife or engaging in wildlife-related activities, you may not? without written permission?enter or remain on privately owned land that is:
? Cultivated
? Properly posted
? Fenced or enclosed in a manner designed
to exclude intruders
In addition, you may not:
? Enter or remain on private land when directed not to do so by the owner or a person acting for the owner
? Obstruct any entrance or exit to private property
?Cultivated land? is land that is readily identifiable as land whose soil is loosened or broken up for the raising of crops, land used for the raising of crops, or a pasture that is artificially irrigated.
?Permission? means written authorization from the owner or person in charge to enter upon private land that is cultivated or properly posted. Permission must include all of the following details:
? The signature of the owner or person in charge
? The name of the person being given permission
? The appropriate dates
? A general description of the land
You can find an authorization form online
at wildlife.utah.gov/permission. ?Properly posted? means that signs
prohibiting trespass?or bright yellow, bright orange or fluorescent paint?are clearly displayed at all corners, on fishing streams crossing property lines, and on roads, gates and rights-of-way entering the land. Or, they are displayed in a manner that is visible to a person...?

The summary of that is basically, if it's not clearly posted or being used for some kind of farming, livestock or agriculture, you are within your rights to access that land. If this wasn?t still the case, they would say something like ?if you don't have written permission to be there, you can't be there?.
 
I am post number 10, and while the conversation is interesting, not one answer to his question. NONE of us on here know the full ins and outs of the law, so he needs to consult an attorney, not listen to our advice. So does anyone know an attorney???

txhunter58

venor, ergo sum (I hunt, therefore I am)
 
Local law enforcement usually supports local landowners. I wouldn't count on a local attorney giving you a very good deal either. Your best bet is to try to get the DA down there to let you plead to a lesser offense such as regular trespassing without the wildlife aspect and just pay the fine and be done with it.
Good Luck
 
LAST EDITED ON Feb-20-19 AT 07:13AM (MST)[p]deerkiller you are correct that is what came from the DWR I just went threw all of this in November

Txhunter58 The reason why we haven't answer the question is because we are telling him or her what the laws are before he or she gets a lawyer and yes we know the laws deerkiller is spot on with this.
 
So who is right? Vanilla or deerkiller?

It looks like deerkiller's Utah code states it must be posted unless cultivated, etc... Maybe vanilla has different information?

As for the LaSals... my wife had an elk tag down there a few years ago and it was impossible to tell which roads were legal and which weren't. There were posted roads that the game warden told me were public roads through private property, but the intent to keep hunters off those roads was clear via the posting placement and verbiage.

I'd find an attorney from outside the area and fight it. Don't stick to the locals to fight a local fight.

Aren't these ranchers supposedly the ones against closing roads?

Grizzly

-----------------------------------------
"This is a classic case of a handful of greedy fly fishermen getting too greedy." -Don Peay, Founder of SFW, as told to KUTV

"It's time to revisit the widely accepted principle in the United States and Canada that game is a public resource."
-Don Peay, Founder of SFW, as quoted in Anchorage Daily News
 
LAST EDITED ON Feb-20-19 AT 09:08PM (MST)[p]Grizz-

Deerkiller?s first post and second post posting the regs are not the same. His first post said it has to be clearly marked, which is the old law. That is why I told him he was wrong. His second post includes things well beyond just being clearly marked, which is the current law.

So initially deerkiller was incorrect. His next post contains the proper law, but not the proper interpretation still.

Cultivated land, even if not marked at all, is off limits without written permission. Fenced land, if fenced in a way that would give notice to the outside world, even if not marked at all, is off limits without written permission. A landowner does not have to tell you to leave of these other things are in play. The burden is on the trespasser to get written permission, not the landowner to kick you off.
 
Just to reinforce:

This:
?If land isn't clearly marked as private by the land owner, you can access and use said property for legal activities until contacted by the owner or manager, at which point you need to leave if asked to do so.?

Is not the same thing as this:
?While taking wildlife or engaging in wildlife-related activities, you may not? without written permission?enter or remain on privately owned land that is:
? Cultivated
? Properly posted
? Fenced or enclosed in a manner designed to exclude intruders?
 
Fenced land,
>if fenced in a way
>that would give notice to
>the outside world, even if
>not marked at all, is
>off limits without written permission.
>A landowner does not have
>to tell you to leave
>of these other things are
>in play. The burden is
>on the trespasser to get
>written permission, not the landowner
>to kick you off.


Again you are wrong. The western United States is covered in fences. Both private and public lands. Just because the land is fenced does not mean ?keep out?. I've dealt with a lot of private lands hunting, spoke with sheriffs, DWR and other law enforcement about hunting land that isn't posted. If it's not marked, posted, artificially irrigated, cultivated, containing livestock you can access it until notified and told otherwise. In Utah you can still hunt private land legally unless there is something to tell you otherwise
 
And so it really does boils down to:

?that depends on what the definition off is is?.

He needs some legal advice specific to his case.

Might start out by calling the DAs office in that area for more info and also law enforcement upline but in the dept of the officer that gave him the ticket. Might be he can get it thrown out just through those channels.

txhunter58

venor, ergo sum (I hunt, therefore I am)
 
>Again you are wrong. The western
>United States is covered in
>fences. Both private and public
>lands. Just because the land
>is fenced does not mean
>?keep out?.

You're right, I did not say that if it's fenced it's off limits. But go and read the quoted language YOU posted, and tell me what it says about fencing.

Return and report your findings, and tell me how you're going to argue with your own post and own argument you made yesterday.

I'm not going to try and win an internet argument about who knows more, because I already know the answer to that. The original poster asked for information, and you gave him incorrect information, so I corrected it. He can choose to follow either way he wants, I was just trying to do a service to anyone reading your post that said that if it isn't clearly marked, you can go and do any legal activity there. That is an incorrect statement of the law, as you proved by copying and pasting the regulations out of the guidebook. (Which is not the law, as it clearly states in there and tells you where you can go to get the official law) And now you're saying fencing doesn't matter, yet the post you quoted says it does, and I'm pointing that out so people can just be educated.

Again, people can follow your advise all they want. It won't make much of a difference to me. Buyer beware, is all I will say.

And I know you have "experience" talking to sheriffs and other law enforcement about violations of hunting laws. Mine is a little different than yours, I will admit.
 
LAST EDITED ON Feb-21-19 AT 10:02AM (MST)[p]So you are saying the laws in the regulations book published by the state agency, are inaccurate and false? That's reason for a case dismissal right there. They live and die by the regs book they have. If there's more to it and don't publish it, that's pretty much on them.

My first post was just a quick summary. Of course there's more to it, which is why I made the second post, stating what laws on trespassing that the division decided the public needs to know. A simple 3 strand barbed wire fence does not meet the ?fenced or enclosed in manner designed to exclude intruders.? Like I previously said, if that applied to the law, the entire western United States and a few eastern states would almost make access and recreation impossible.

If you don't have written permission you can't enter property that is cultivated, artificially irrigated, fenced in a way to exclude intruders, property containing livestock, or properly posted. If none of those things exist on the property you intend to access, then you can go there until contacted by the owner or manager and asked to leave.

If it's not posted or marked or meet any of the requirements for it to be considered trespassing, go ahead if you so desire. If not, go find public lands. It's up to you
 
>If you don't have written
>permission you can't enter property
>that is cultivated, artificially irrigated,
>fenced in a way to
>exclude intruders, property containing livestock,
>or properly posted. If none
>of those things exist on
>the property you intend to
>access, then you can go
>there until contacted by the
>owner or manager and asked
>to leave.
>
>If it's not posted or marked
>or meet any of the
>requirements for it to be
>considered trespassing, go ahead if
>you so desire. If not,
>go find public lands. It's
>up to you


If your first post had said this ^, you would have been correct and not have been called out. But alas, as we've already shown, it didn't. I don't know why it is so hard for you to just say your first statement was inaccurate? Is that hard for someone to admit when they are wrong? Because you were wrong, and that is not even debatable.
 
And on the FIRST page of the field regulation guidebook:

"This guidebook summarizes Utah?s big
game hunting laws and rules. Although it
is a convenient quick-reference document
for Utah big game regulations, it is not an
all-encompassing resource.

For an in-depth look at the state?s
big game hunting laws and rules, visit
wildlife.utah.gov/rules.

You can use the references in the
guidebook?such as Utah Admin. Rule
R657-5-24 and Utah Code ? 23-20-25?to
search the Division?s website for the detailed
statute or rule that underpins the guidebook
summary.

If you have questions about a particular
rule, call or visit the nearest Division office."

This is what we call a disclaimer. It does not contain all the rules, and you are told so in the very first paragraph, and tells you where to find all the rules...just as I stated above. There is a chance for a misprint in there, but that does not change the law. It may give one a defense if that happens, and it may not. What they are telling you with this disclaimer is just what it says. I don't need to comment further than what it says itself.
 
LAST EDITED ON Feb-21-19 AT 10:48AM (MST)[p]My very first post was in response to the scenario given by the OP! not as the general rule! He drove up an unmarked road, which if closed to the public, should have been posted and marked by the land owner. I wasn?t inaccurate with my first statement. I'm not sure why you can't comprehend that. AND THEN, after some more discussion I copied the trespassing laws from the guide book and posted them for reference to all the trespassing scenarios they might apply to.

The trespassing laws in the guide book are the same as the ones from the state laws that were referenced, from the state big game guide book. In the guide book, they are reworded and ?dumbed down? so people can understand them better, which apparently still doesn't help some people understand

They can have all the disclaimers they want, I read the laws, I study them and reference them to the other sources and base my opinion on that.
 
Vanilla I believe you are incorrect. The law was changed in 2017 to include -

'Fenced or enclosed in a manner designed
to exclude intruders'

This latest change also removed the words "in use" in exchange for 'cultivated'.

The new wording is ambiguous especially considering there are hundreds of thousands of miles of fencing on BLM and state lands.

The synopsis posted by the DWR is from 2014 and not current.

This does leave us in a quandary as to what actual precedent will be set in cases like this.

I hope the OP will come back let us know the details of actually what happened(s) so we can all be better informed.

Cheers, Pete
 
>They can have all the disclaimers
>they want, I read the
>laws, I study them and
>reference them to the other
>sources and base my opinion
>on that.


Good to see you are reading the laws a little more closely these days. That should bode well for you.
 
Pete,

The state's trespassing code was amended in 2017, but it was only in reference to adding drones (unmanned aircraft) to the code.

The relevant code we are talking about right now, 23-20-14, has been unchanged since 2012. I was guessing when I said "2012-ish" from memory. Looks like my memory was pretty good...

Here is the code, if you are interested. Not just an internet interpretation: https://le.utah.gov/xcode/Title23/Chapter20/23-20-S14.html?v=C23-20-S14_1800010118000101

2012 was a major amendment to how trespassing laws were applied in Utah. It is my personal belief that this was an attempt to screw over fishermen after the stream access fight, and hunting was just collateral damage.
 
>>They can have all the disclaimers
>>they want, I read the
>>laws, I study them and
>>reference them to the other
>>sources and base my opinion
>>on that.
>
>
>Good to see you are reading
>the laws a little more
>closely these days. That should
>bode well for you.


Hahaha i read the laws long before I could even hunt big game. I knew what the laws were. How do you think I got out of most of the ##### they threw at me?
 
Vanilla, interesting that part didn't change either in 2012 or 2017 yet there are cases that have been thrown out on fencing that wasn't marked properly before either of those changes.

I just assumed that had changed in 2017 and never looked at it that close. I know some BTO guys had run ins and both kept their elk and were not prosecuted for trespassing back around 2008 or 2010 when I hunted down there.

Cheers,
Pete
 
>Vanilla, interesting that part didn't change
>either in 2012 or 2017
>yet there are cases that
>have been thrown out on
>fencing that wasn't marked properly
>before either of those changes.
>
>
>I just assumed that had changed
>in 2017 and never looked
>at it that close.
>I know some BTO guys
>had run ins and both
>kept their elk and were
>not prosecuted for trespassing back
>around 2008 or 2010 when
>I hunted down there.
>
>Cheers,
>Pete


One major change in 2012 was the requirement to ?post? private property. So if it wasn?t posted (IE- ?clearly marked?) before that change, then you would not be guilty for trespassing. That is probably why the two cases you referenced from 08 and 10 went the way they did. Just a wild guess since I know nothing about them other than what you wrote.

2012 was the year that changed trespass laws in Utah significantly.
 
I can't believe this discussion. You guys are arguing over hunting Private land.

If it's not public, and you don't have permission, STAY OFF IT. It's not your land and you have no business hunting it. Shouldn't matter if it's fenced, cultivated, or marked. Private is private. Public is public.

Trying find ways around the law to hunt other peoples land without consequence makes you a "Weasel". Stop It!
 
Totally agree with you HJB. Their views would be totally different if they owned some private land.

If it's private, STAY the hell out... it's that simple.

Head on over to Colorado and try this little trick, let me know how it goes.
 
>Totally agree with you HJB. Their
>views would be totally different
>if they owned some private
>land.
>
>If it's private, STAY the hell
>out... it's that simple.
>
>Head on over to Colorado and
>try this little trick, let
>me know how it goes.
>


I know how it will go in Colorado, Wyoming, Montana and Idaho! But we aren't discussing those states, we are talking about Utah. Stay on topic
 
If he was hunting on the south side it's real easy to end up in Colorado or on Redd?s ranch.But he won't give anymore details so it's hard to say
 
now 37 posts and still not 1 answer to his question. Just bickering. No wonder he hasn't been back.

txhunter58

venor, ergo sum (I hunt, therefore I am)
 
>now 37 posts and still not
>1 answer to his question.
> Just bickering. No
>wonder he hasn't been back.
>
>
>txhunter58
>
>venor, ergo sum (I hunt, therefore
>I am)

^ And that is an answer to his question???
 
I Found a Section of USFS Land Posted by a Local Rancher!

Went Right in to their Office & Reported it!

The Gal says:Ya We Know Him & We have to live with Him!

I Asked why they Hadn't Removed the No Trespassing Signs?

No Answers!

WAFJ & Waste of time!










I know so many people in so many places
They make allot of money but they got sad faces

It Ain't Easy being Me!:D:D:D
 
LAST EDITED ON Feb-22-19 AT 09:05PM (MST)[p]> I Found a Section of
>USFS Land Posted by a
>Local Rancher!
>
>Went Right in to their Office
>& Reported it!
>
>The Gal says:Ya We Know Him
>& We have to live
>with Him!
>
>I Asked why they Hadn't Removed
>the No Trespassing Signs?
>
>No Answers!
>
>WAFJ & Waste of time!


On one of the units I hunt there's a big ranch that a few people are members of and think because they have a key to the gate, they own the whole GD mountain. They?ve gone as far as posting no trespassing signs well on to the public side, like 2 miles deep in some areas that see more hunting traffic, to try and create a ?buffer zone? so public hunters don't get too close to their turf. It just so happens the areas they've posted hold large numbers of animals as well... they've also created illegal ATV and truck roads into areas where those aren't permitted. I've reported it several times to the FS and they just kinda give me the ??‍♂️ Look and tell me to just not hunt in the area to avoid conflict with the land owners. That chit doesn't fly with me, if the guys who enforce the laws won't do anything about it, I suppose I will, so I just rip the signs down every time I find new ones on the public side and put them at their gate. It's also funny that the entire one side of their property boundaries isn't posted, fenced or marked in any way. Just so happens to be where the elk go when they get pressure. How convenient... ??
 
>>now 37 posts and still not
>>1 answer to his question.
>> Just bickering. No
>>wonder he hasn't been back.
>>
>>
>>txhunter58
>>
>>venor, ergo sum (I hunt, therefore
>>I am)
>
>^ And that is an answer
>to his question???

Nope. But I admit I have no knowledge that would help him. Seems like with 40 posts he would get 1 answer. Hopefully someone sent him a pm.

txhunter58

venor, ergo sum (I hunt, therefore I am)
 
About a dozen years ago I was hunting a wilderness area that was strictly a non-motorized area. It was a couple mile hike in, so few people went into it. There was a little ranch on the border of the area that had a gate and an old road into the area which was there before the land designation.

Walking into that area on a deer muzzy hunt, I noticed there had been some atv use recently. I wasn't too happy to see that. A few days later I'm back in that area and I see a 4 wheeler near a spring. Ha, I got him now I think and I'm going to give that 4 wheeler a Bessy tune up. I was so pissed that I walked up to that wheeler and was ready to trash it (I know, not the right thing to do). As I'm getting worked all up and before I had a chance to tune it up, out pops a Forest Service Ranger. It was his 4 wheeler and we were about 1/2 mile into the non-motorized area. He was in there looking for illegal tree stands on the water. I'm like, what the hell? We got into it pretty good verbally. He also told me the previous tracks were from the ranch owner in there checking water from the spring that was piped into his ranch.

So the Ranger says to me: "you aren't going to deny an old man access are you?". We had a heated discussion there for quite a while. I ran into him a couple days later, showing him a map of the area and the designation. He could have cared less and was arrogant as hell about it all.

So the moral of my story is, If you are the law, above the law, or know the right people, the rules don't apply, and that non-motorized areas are only partially non-motorized.
 
>>*most
>>
>>But not all...
>>
>>Carry on.
>
>
>Enough!
>
>Started with 9, ended with 1.
>Pretty decent ??‍♂️

To the OP, if I were you I'd contact deerkiller he obviously had a good lawyer... ?
 
If you are in your truck driving and not hunting at the time not sure why the ticket for engaging in Wildlife activities. This story is like a lot when not all the details of what was really going on was told in the OP's post.
 
>LAST EDITED ON Feb-22-19
>AT 09:05?PM (MST)
>
>> I Found a Section of
>>USFS Land Posted by a
>>Local Rancher!
>>
>>Went Right in to their Office
>>& Reported it!
>>
>>The Gal says:Ya We Know Him
>>& We have to live
>>with Him!
>>
>>I Asked why they Hadn't Removed
>>the No Trespassing Signs?
>>
>>No Answers!
>>


>>WAFJ & Waste of time!
>
>
>On one of the units I
>hunt there's a big ranch
>that a few people are
>members of and think because
>they have a key to
>the gate, they own the
>whole GD mountain. They?ve gone
>as far as posting no
>trespassing signs well on to
>the public side, like 2
>miles deep in some areas
>that see more hunting traffic,
>to try and create a
>?buffer zone? so public hunters
>don't get too close to
>their turf. It just so
>happens the areas they've posted
>hold large numbers of animals
>as well... they've also created
>illegal ATV and truck roads
>into areas where those aren't
>permitted. I've reported it several
>times to the FS and
>they just kinda give me
>the ??‍♂️ Look and tell
>me to just not hunt
>in the area to avoid
>conflict with the land owners.
>That chit doesn't fly with
>me, if the guys who
>enforce the laws won't do
>anything about it, I suppose
>I will, so I just
>rip the signs down every
>time I find new ones
>on the public side and
>put them at their gate.
>It's also funny that the
>entire one side of their
>property boundaries isn't posted, fenced
>or marked in any way.
>Just so happens to be
>where the elk go when
>they get pressure. How convenient...
>??


dk, are you sure you know where you're at? You better be careful ripping signs down. GPS maps aren't always accurate. Also, before assuming a property isn't properly posted you better check the corners. A section corner is a mile away from the next one and sometimes the parcel is a full section, in other words just because you can't see a sign when you get to a private property border doesn't mean it's not properly posted. With cameras all over the mountains now, people should think twice before assuming one will not get caught when doing something illegal.
 
Good point tracker 12
If you all will go back and read my post number 11 you will see that I gave him some honest advice. You guys that are saying he's not getting any help are only looking at it from your point of view. He has gotten some good advice here but we really don't know both sides of the story.
 
>
>
>dk, are you sure you know
>where you're at? You better
>be careful ripping signs down.
>GPS maps aren't always accurate.
>Also, before assuming a property
>isn't properly posted you better
>check the corners. A section
>corner is a mile away
>from the next one and
>sometimes the parcel is a
>full section, in other words
>just because you can't see
>a sign when you get
>to a private property border
>doesn't mean it's not properly
>posted. With cameras all over
>the mountains now, people should
>think twice before assuming one
>will not get caught when
>doing something illegal.
Yes I know exactly where I'm at when taking down those signs. There are FS boundary markers to confirm along with several forms of mapping including GPS. I'm certain this property is incorrectly marked. I also know that atleast 3 corners of this section of the property I access isn't marked, there's FS markers on all 3 corners to signify where the public starts/ends. It lines up with my GPS perfectly and there's not a posted private property sign anywhere to be found. I should note this side of the property is a straight up MFer to get into. A lot of effort is required to hike up and access through this area. But either way, it should be posted and it's not. But the public ground is. So for them to be greedy and try to keep guys out of ground by illegally posting it, I feel absolutely 0 guilt for accessing property that isn't posted or marked in any way.
 
LAST EDITED ON Feb-26-19 AT 12:06PM (MST)[p]Original Post:

""Hi all. I got hit with a ?trespassing during wildlife activites? charge while on my bear hunt in the La Sals last year. We drove on an unmarked road to access public land and got hit with the charge. All a bunch of BS.

Does anyone know or have experience with or know a good attorney in Southeast Utah...anywhere from Moab to Blanding? The charge is in San Juan county. I need to fight this so I don't loose my hunting license for a couple years. Thanks for the suggestions.""


The fact that the OP has not been back is sad. My guess is that it is not as simple of a story as he stated. If the road was unmarked you could get out of this very easy. If the landowner insists on a ticket the Law enforcement would be obligated to give you a ticket even if it was not posted correctly. The next move would be to take some pictures of the road/private property entrance and meet with and show it to the district or county attorney with jurisdiction. If it is as simple as you described, they should drop the charges. No personal attorney needed. If for some unseen reason they do not, you can then worry about an attorney.

PS. Get yourself a copy of the police report, not just a copy of the ticket. A good report would note that the road was not posted, which would be another slamdunk in your favor.
 

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