Trespassing + theft issue

[David P]

Yes, but the DA's problem was how to value the blueberries. Why the DA is concerned with value I can guess but it would seem they could get them on the trespass charge.
Dan

We have a charge that covers larceny under $100. While the DA may have difficulty placing an exact value on the berries, it would seem fairly evident that the value is less than $100. Seems like a slam dunk to me.

 

[Car Doc]

Come on everyone knows it was not theirs for the taking. Us them him even their dogs.
The OP is better than me as I would have just put my foot to their backside

Yeah reasonable people like us that are not law breakers know that but these folks are not them.

My statement about the lack of no trespassing signs in the pic would have been dead proof they are on posted ground and there would be no way to argue they were not aware.

Around here as far as hunting goes all you need to do is spray some purple paint on one post or telephone pole on your property line anywhere and the law will write you up if they catch you.

Hunters are held to a higher standard than general population as we should be we are law abiding as a rule.

As far as general trespassing issues go here if they say they were not aware they can get away once if the cop wants to let them go it isn't a mandatory citation and if caught again they get wrote up. If its well posted they get one right now and can go to jail its a misdemeanor.

 

[rmully]

a DA is not going to be interested as there is no glory in it. I would talk to a private lawyer and see if he will sue for damages ...don't let it drop. Also contact your local paper and see if they would be interested in publishing a story about how the police and DA are not interested ...that should light things up.

 

[greasemonkeyok]

Sunlight is the best disinfectant.

Often times thieves who only think of themselves also do not want the public to know their character flaws. Don't be surprised when they lash out and try to blame the conduct on someone else. The usual excuse is Mr. So-in-so (previous landowner) said it was OK.

 

[JamesHW]

I'm not clear if the goal is to prevent further trespass and damage to your crop or to extract damages of some sort. Reading the Michgan trespass laws, it would appear clear that these folks have engaed in at least "Misdemeanor Trespass" which means the maximum penalty would be by my reading (IANAL) be "punishable by imprisonment for up to 30 days, a fine up to $250 or both". I believe that orchards are specifically mentioned in the law.

IN NY State: "Even on vacant land, a written notice delivered in person (or by certified mail with a signed receipt, etc.) to any person, in the name of the landowner or authorized party, containing a description of the premises and a warning of restrictions which apply has the same effect, for that person, as if the land were posted with those restrictions."

I would suggest getting an attorney to draft a stern, certified letter to these people and any other neighbors who you believe to be trespassing on your land and stealing bluberries. This may not be part of MI's law, but will put them on notice and may help in future litigiation. The fee to a lawyer will be inexpensive to draft such a letter and then you have someone to assist you in sueing these people if it comes to that.

Keep bugging the prosecutor and eventually he may decide that doing his job is less bothersome than reading your letters and emails.

 

[JHTFarmer]

Three thoughts:

1.) Accept that you are going to have loss of product due to these people. Your blueberries will be less productive but you will have no added costs or stress to your life with this option. They are pests that cannot be exterminated.

2.) consider installing a more substantial fence that they cannot easily climb over or crawl under. The orchard doesn't appear very large so this should be a reasonable option. You will have to balance the cost of the fencing with the cost of the continued loss of blueberries and the emotional cost of these people violating your property.

3.). Restraining order. Consider visiting them. Present them with the photos and ask them to stop. I would hope for one of two responses. Either they apologize and stop these activities or he gives you the old "**** no, i'm gonna do what I please!". If he gives you the "**** no" response, go visit a local attorney explain the situation and that you have been threatened by these people and don't feel safe. A restraining order could be easily drawn up for a couple of hundred dollars and a visit to a judge. This will be far more enforceable than a trespassing violation if they continue.

Good luck

 

[MikeD74T]

You could turn the pics into "wanted" posters. Offer a small reward for info leading to arrest & conviction of blueberry theives/tresspassers & put them up around town. If the DA won't act you'll never have to pay the reward but you'll get the word out. MikeD74T

 

[Car Doc]

Someone could simply send a link to this thread to the local paper and the police dept let that do the talking. It is one of the longest discussions on the subject that hasn't been finalized to a legal end I have read yet. :thumbsup:

 

[two_bit_score]

Someone could simply send a link to this thread to the local paper and the police dept let that do the talking. It is one of the longest discussions on the subject that hasn't been finalized to a legal end I have read yet. :thumbsup:

You could turn the pics into "wanted" posters. Offer a small reward for info leading to arrest & conviction of blueberry theives/tresspassers & put them up around town. If the DA won't act you'll never have to pay the reward but you'll get the word out. MikeD74T

Both are actually very good ideas. :thumbsup:

 

[Martian]

I know this isnt exactly what the conversation but I had my truck broken into and laptop stolen last week. $200 for the window and works paying for the new laptop but you just feel an invasion on your privacy.