Advice on trespassers

Downeast

Twelve Pointer
For those of you who have caught and prosecuted these lowlife's, can you share what happened to them? Fines, jail time, reparations, got off Scott free?
 

bag12day

Six Pointer
Contributor
For those of you who have caught and prosecuted these lowlife's, can you share what happened to them? Fines, jail time, reparations, got off Scott free?
I’ll speak for my experience on three fronts from 80s and 90s not recently and it depends on who it is, who you are, and who the judge, magistrate, or sheriff s dept Leo handling it feels about it. Today To be able to legally prosecute someone you have to have property legally posted and 99% of property isn’t. It just isn’t because of distances between posting paint or signs or on obvious or not so obvious points of entry on larger pieces of property. There has to be beyond a reasonable doubt that that grainy ass picture from 48 feet away with a ball cap pulled down is joe schmoe for sure before an arrest or conviction can be made. If you “ain’t from around here” (my buddy’s place outside Roanoke rapids) we locked in the dog hunters behind the gate after warning them twice.this was in Halifax county And the game warden said property wasn’t legally posted he let them go with a warning. Buddy took pictures of guy sitting in his stand another time but that “club” had among their members several local Leos and my buddy was just the :donk:donk:donk:donk:donk:donk:donk from Raleigh. He owned the property after his grandparents passed away But didn’t live there So they would “try to find out who it was” even though they got Picts of license plates and faces. He didn’t want his house, farm equipment and barns to accidentally burn down so he never pushed as hard as he should have.
I was Dog hunting with a fellow that was one of the largest landowners in Halifax county and was like a grandfather to me. He called the sheriffs home from his house phone on a Saturday when he found a guy still hunting on his private farm and that guy was arrested that day and convicted later (community service and a fine iirc) and had to write an apology letter to the owner lol. Funny thing was his property wasn’t hardly posted at all just in the gate but the guy parked on the side of the road next to it.
Its been my experience just like with wildlife violations the penalty is laughable for most trespass.
Hoke county was another place where if you weren’t local they didn’t give a crap about your trespass issues.
 

RJ1

Ten Pointer
You have to look at how much time you want to spend in court to get them, if you have names and a address you can some what by pass the sheriff and go to the magistrate and take out a warrant yourself then the sheriffs dept. has to serve the warrant but you also have to appear in court every time unless the DA notifies you that it is going to be continued, if it gets continued on the day of court you have wasted a day. I have found out over the years that there are only two ways to really get someone for trespassing and really make it stick 1) verbally tell them to leave and have a witness to it, then if they don't leave they can be arrested, 2) if you have a name and address send them a registered letter return receipt requested so you have proof they got it stating they cannot be on your land for any reason I usually have my lawyer do that and most of the time its a neighbor or someone who is local. Its alot easier to get someone for hunting on your land without permission than it is for trespassing but you have to make sure it is posted right.
 

Shamrock7326

Four Pointer
You have to look at how much time you want to spend in court to get them, if you have names and a address you can some what by pass the sheriff and go to the magistrate and take out a warrant yourself then the sheriffs dept. has to serve the warrant but you also have to appear in court every time unless the DA notifies you that it is going to be continued, if it gets continued on the day of court you have wasted a day. I have found out over the years that there are only two ways to really get someone for trespassing and really make it stick 1) verbally tell them to leave and have a witness to it, then if they don't leave they can be arrested, 2) if you have a name and address send them a registered letter return receipt requested so you have proof they got it stating they cannot be on your land for any reason I usually have my lawyer do that and most of the time its a neighbor or someone who is local. Its alot easier to get someone for hunting on your land without permission than it is for trespassing but you have to make sure it is posted right.
Excellent post and advice, I’ll follow thru with this
 
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