Trespassing in Santa Monica While Skateboarding, No File

Our client, age 50, was an avid skateboarder despite his age.  He particularly enjoyed skateboarding in the parking lot area of the Santa Monica DMV and regularly did so once the DMV closed. 

Many other skateboarders shared their appreciation for the Santa Monica DMV’s long concrete ramps, railings and ledges.  When the skaters jumped off certain ledges, their skateboards made a loud “smacking” sound when landing.  The skaters also would yell and encourage each other to perform various maneuvers.

On a particular June evening, at about 8:30 p.m., just as it was getting dark, the CHP drove into the parking lot there with five cars and ten officers to try to prevent the skaters from scattering away to avoid a ticket.

Our client was just one of about fifteen skaters who received a ticket that evening for violation of California Penal Code § 602(m) (“trespassing”) which is defined at this code subsection as “[e]ntering and occupying real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession.” 

The parking lot had multiple signs in the parking lot stating that entry upon the property after the close of business was prohibited and was punishable as a misdemeanor.

After the client went home, he got on the Internet and searched for information about how people cited for this violation were punished and how they defended themselves.  He knew he did not want to be represented by a public defender, as he had experienced such representation in the past and was disappointed.  So, he also decided to hire a private attorney.

He spoke to three or four attorneys before he called up Greg Hill & Associates.  He spoke with Greg Hill and described what had happened.  The client had no prior history of trespassing, which was good, although he did have other convictions.  Greg used to skateboard a lot as a kid, so he understood the allure that an empty parking lot with long sloped concrete ramps and concrete ledges would present.

Greg was the only attorney, the client said, who told our client from the outset that he did not believe the case would be filed and therefore, he would only charge a small fee to appear for the client on the date scheduled for the arraignment, just in case a criminal complaint actually was filed and the client needed to appear for the arraignment.

Greg explained that he regarded the ticket as more of an attempt by the CHP to simply let the skaters know that their skating there was illegal and would be enforced in the future, but the first visit by the CHP was just a warning.  After all, the DMV also did not want liability if someone broke an arm, wrist or otherwise was injured on the property, even if after hours.

More fundamentally, trespassing required more than minimal interference by the trespasser with the property interest of the owner.  By being on the property after hours, none of the skaters prevented DMV employees from getting to work or DMV “customers” from receiving DMV services.  No one else was there and the skateboarders did not wear down the cement significantly, if at all, by skateboarding on it.

Nonetheless, Greg explained, he thought that if the Santa Monica City Attorney’s office wanted to do anything further than just treat the tickets issued as warnings, it would most likely refer the matters to an office hearing.  Greg then explained what an office hearing was and how, if completed and if there were any affirmative obligations imposed (i.e., 20 hours of community service or writing an essay why trespassing is against the law), the ticket (a “detention”) could be sealed later and the entry of it on one’s criminal history could be removed.

Lastly, Greg assured the client that even if the case were filed, the matter would be eligible for judicial diversion and dismissal – and then sealed.  Greg then explained what judicial diversion entailed and how one requested this and what the judge likely would order.

The client then retained Greg Hill & Associates, further commenting that none of the other attorneys explained such outcome possibilities.

Greg then went to the Airport Courthouse on the day set for our client’s arraignment.  Not surprisingly, no case was filed and the Santa Monica City Attorney’s office advised Greg that the case was rejected for filing. 

Greg then advised the client of this good news, which relieved the client of his worries.

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