How much would I get fined?

Anyone else thinking about how killers like to return to the scene of the crime. I'd stay far away.
 
It's been a couple of years but they must have better things to do then worry about what a 17 year old says about walking 50 yards in a wood patch
 
That murder was probably around 30 years ago and took place at the bottom of the quary! I'd be 1000 yards away and 100 feet above the bottom of the quary
 
Also got Kenyan speed
 
Jessed wrote:
It's been a couple of years but they must have better things to do then worry about what a 17 year old says about walking 50 yards in a wood patch
This says it all. Teenage indifference to the law. :)
 
Kenyan speed LOL
 
Swattie. The state does own it. It's not private. It is State Park.

Not that this makes it ok....
 
Yeah, I know where we're talking about. I didn't mean to imply it was privately owned. What I did mean to imply was that Jess didn't own it, and the entity who does (the state) has informed him he is not welcome in this area. In that sense, the landowner (the state in this case) could still prosecute him for trespassing if caught.

This would essentially be the same scenario, legally speaking, if you were caught trespassing on a military base. Ownership of the land is different (federal vs. state) and the penalties may be different, but the question of the law is the same, and yes you could be prosecuted.

Edit: ^There's an ATW in northern Lebanon County that is on a military base for example. The section you can fish is clearly marked, and you're trespassing on federal property if you're found outside of that area without proper credentials.
 
It sounds like most of you are under the impression that Legal=right. That's a dangerous line of thinking. Is there a way that you can walk in without seeing posted signs? If so just walk in that way, if anyone with authority see's you your most likely just going to get asked to leave anyway.
 
That's what I was thinking. Why would they put me in cuffs for fishing a pretty far distance from the quary. I could see them arresting people for cliff diving or I even heard people pushed an old car off the cliff.
 
Just make sure if you choose to do this, and end up getting caught and charged, please let the office know about this thread. That way the judge/magistrate has a better frame of reference for the rationnel behind your decision. I'm sure that will help you out with the fine, or maybe not.
 
somersetian wrote:
It sounds like most of you are under the impression that Legal=right. That's a dangerous line of thinking. Is there a way that you can walk in without seeing posted signs? If so just walk in that way, if anyone with authority see's you your most likely just going to get asked to leave anyway.

Is this serious advice? Because it shouldn't be taken as such. In this case, or any other.

That area is clearly marked as off limits. And the OP clearly has knowledge of the area being off limits. He'd knowingly be trespassing, exposing himself to prosecution, and frankly, deserve the penalty that comes with the infraction. Not to mention perjuring himself if he claimed he walked in and didn't see any signs or know the area was off limits.

I once got a ticket in a speed trap for going 43 with the cruise on in a 45. I knew the trap was there because I passed it going the other way an hour earlier. They were collecting taxes that day and on the way home the cops had just let the previous guy go and I was the next car through the trap. Sure enough they waived me over and claimed they had me at 63. When I explained how I knew the trap was there and was actually going 43 they laughed, finished writing the ticket, and recommended I get my speedometer checked. They wrote it as failure to obey a posted traffic signal as opposed to speeding, so no points on the license, just a fine...aka tax collection. Just mailed in my fine money as surely the magistrate was aware of this practice, and if not condoning it, at least ignoring it. Point is, the law is whatever it wants to be, and is in the hands of those enforcing it...to do what is being recommended in this thread is rolling the dice with the law, at best.

On the other hand, I don't think the speed limit on the road by my office should be 25 mph, but if I do 40 and get busted, I deserve the ticket and fine. After all, I can read and I have been advised of the law. That is really what's happening here.
 
It is what it is. I dont condone it but if he would get caught they will just tell him to leave. I've wandered into posted area's from inside the woods before and just get asked to leave.
 
I was just asking if anyone knows what would happen. I'm not 100% sure I'm gonna do it
 
With all the open water in PA to fish I am not sure why anyone would trespass on any property if its clearly marked...end of story. This behavior just makes me wonder where society has gone.

Ron
 
That makes you wonder what society has gone? There could be 10x worse things I could be doing than fishing. Look around ... Everything is posted by me. I'm sure some of you older guys had things differently growing up. You may not have fished somewhere you were simply because.... It wasn't posted back then!! I'm probably not gonna do it but just saying. Sometimes it's boring fishing the same sections over and over. Might be fun to explore
 
If it's on state park land and you think it is needlessly posted, then work on getting that changed.

 
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.
 
Dude, just respect the signs and stay out. Seriously. If you're 17, here's some timely advice. Obey the laws. Because every time someone does what you're suggesting, and gets caught, it just paints a black eye on all sportsmen and gives people the impression that we have no respect for the law and/or private property. Just accept the fact that you can't get into this area and deal with it.
 
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