Wednesday, November 20, 2013

Can I be charged with criminal trespassing for unknowingly driving down a road marked "PR"?walking home the night before, a man lost his phone...

A private road can be used by the general public and is open to all who wish to use it, but it primarily benefits those at whose request it was established. Unlike highways that are cared for by the public at large, private roads are maintained at the expense of the private individuals who requested the road. (Law Encyclopedia at Answers.com)

A private road is a road owned and maintained by a private individual, organization, or company rather than by a government. Consequently, unauthorized use of the road may be considered trespassing, and some of the usual rules of the road may not apply. The most common type of private road is a residential road maintained by a homeowners association, housing co-op, or other group of individual homeowners. (Wikipedia definition)

By the information I found about private roads above, it seems that you may be accountable based on the laws of your state, but moreso if the road was marked with a "No Trespassing" sign which you say was not there.  I would definitely seek a different opinion as far as attorneys go, or maybe even hire your own if you are able.  Do you have any family or friends with law degrees or work as police or who know someone fitting these descriptions? 

Good Luck!

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