Full question:
My son and I crossed the Flathead river in a raft to reach the other side that is forest service land. We went hiking up a Mountain but we had to cross the railroad tracks to get to the mountain, we crossed back over the tracks and river a game warden was waiting and gave me a criminal trespass ticket. I did not know it was trespassing to cross the tracks, plus it was not posted, should I plead not guilty?
- Category: Criminal
- Subcategory: Pleas
- Date:
- State: Montana
Answer:
Criminal trespass occurs when a person knowingly enters or remains on property without permission. In Montana, a person commits this offense only if they receive oral or written notice that entry is forbidden or if they remain after being told to leave.
If you were unaware that crossing the tracks was considered trespassing, and there were no signs indicating it was prohibited, you may have grounds to plead not guilty. It's important to note that a plea of 'not guilty' allows you to consult with a lawyer and consider your options before making a final decision.
Generally, it's advisable to plead 'not guilty' at the arraignment unless you have a compelling reason to do otherwise. A guilty plea can be entered later, but changing a guilty plea back to 'not guilty' is usually not allowed unless there was coercion or misconduct involved.
Consulting with a local attorney who understands the specifics of your case is highly recommended. They can provide tailored advice and help you navigate the legal process.
For reference, see Montana Code Annotated 45-6-203 regarding criminal trespass.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.