Trespassing on Train Tracks, Office Hearing & No File

Summary: Two clients, husband and wife, allegedly trespass over train tracks alongside LA River near Downtown LA. They walk to an area to take pictures of colorful graffiti in area and do not see any signs warning of trespassing. They receive tickets for trespassing. Greg contacts LA City Attorney’s Office and suggests an office hearing. LA City Attorney’s Office agrees, holds an office hearing and no case filed.

The area has a few older train cars sitting separate from the main, active tracks. Our clients saw these old cars, now decorated with colorful graffiti. Every single inch of the cars was somehow covered with spray paint, with pictures and letters.In their enthusiasm, they did not notice a small sign that stated it was trespassing to continue past a faded white line on the pavement. Our clients walked past the line, continuing to take pictures.

When they returned to their car, a Metro Link policeman approached them and asked them if they knew they had been trespassing. Our surprised clients answered that they did not and were each handed a ticket with a date to appear in court for a misdemeanor violation of Penal Code § 602, trespassing. The clients were astonished. The policeman pointed out the signs and showed them the painted line on the ground.

The clients signed a promise to appear in Los Angeles Superior Court, at 210 West Temple Street, about two months later and drove home. As they drove home, the consequences of a misdemeanor conviction began to set it and they felt panicked. They realized that their employers may fire them or that they may be reassigned to jobs with lower pay.

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