Jessed wrote:
I was just asking if anyone knows what would happen. I'm not 100% sure I'm gonna do it
And I think that's most of the problem. None of us can say for sure...It depends on the officer you run into, and if you get cited, the magistrate presiding over the subsequent hearing:
Best case...you don't get caught. I think that's reasonably likely on any one given trip. But over time, if you keep going, I think it's likely you do get caught. Then...
Best case...They ask you to leave. No big deal. I agree with the others that this is probably the most likely outcome the first time they find you there, assuming you're nice and polite to the officer. They'll likely take note of your exit route and vehicle info in case you come back. This is your get out of jail free card. If you get caught again, you're getting cited, and you can't claim the "ignorance" defense. It's also possible that getting caught any subsequent time now will carry more consequences (see below).
Let's say you get caught and cited. You'll likely just be charged with "Simple Trespass." There's a more serious "Criminal Trespass" charge, but if all you were doing was fishing (and not breaking into anything or vandalizing or destroying anything) I don't think that's likely...but again it's up to the discretion of the officer to decide the charge. Simple Trespass can also escalate to Criminal Trespass if the trespasser doesn't leave after being asked to do so in person by the owner, or person of authority (officer in this case). So if you've been asked to leave, but come back, it's now possible you could be charged with Criminal Trespass. Simple Trespass is a summary offense, like a speeding ticket, and generally just carries a modest fine. Criminal Trespass is generally a misdemeanor, but can be a felony in some instances...Either way, more significant fines than Simple Trespass, and possible jail time is on the table now. Assuming you get cited then...
Best case...You get charged with Simple Trespass and you appeal the citation and win for some reason...The magistrate buys your ignorance defense and is willing to let you off with a warning, or perhaps the citing officer doesn't show and you win by default. Again, don't get caught again.
Next best case...You get charged with Simple Trespass and either just pay the fine, or lose your appeal. Not really a big deal I guess, you just end up paying the fine.
Next best case...You get charged with Criminal Trespass...this is more serious business. You'll need to hire a lawyer. Perhaps you get the charge reduced to Simple Trespass, or maybe even get off entirely somehow. If convicted though and you're over 18, you now have a criminal record...employers, etc will see this.
Worst case...You get charged with Criminal Trespass...all of the above applies, but now you lie and say you didn't know the area was off limits. The prosecution is somehow aware of this (this thread perhaps) and hits you with a perjury charge too. That's definitely a felony, and bigger fines and a higher likelihood of jail.
Look, the worst case outcomes probably aren't very likely, but why chance it? I don't live that far from you, and trust me, there's plenty of good places to fish on public land where you don't have to worry about any of this. I fish nearly exclusively on public land. Instead of worrying about getting caught at this spot, take some time to look at some of the state game land maps in your area, and cross reference the streams in those with the state's natural reproduction list. You'll quickly find more wild Trout streams to explore within a 30 or 40 mile radius from you than you'll have time to explore. If you'd like, send me a PM and I'll gladly share some of these areas in more detail with you.