is speaking out via her Instagram after being arrested for trespassing
in North Dakota during a peaceful protest against the construction of the Dakota Access Pipeline
Shailene Woodley Arrested in North Dakota for Trespassing
“One day, baby, we’ll sing our poetry. The words dripping from our tongues wet with ripened patience,” The Fault in Our Stars actress wrote on her Instagram post. “And the lyrics, the sweet fruits born from the seeds our aging hands are now sowing. #alwaysinallways #heartforward #uptous #NoDAPL #protectcleanwater #iamonyourside.”
Earlier this week the actress’ rep confirmed that Woodley
had been released from Morton County Jail following an arrest for trespassing.
Fans and followers of the actress were able to watch her arrest via Facebook Live. The actress was in the midst of live streaming when she was arrested.
“I don’t know if you guys just heard me, but I was walking back to my RV, which is right there so that we can go back to camp peacefully and they grabbed me by my jacket and said that I was not allowed to continue,” she said to the camera. “And they had giant guns and batons and zip ties and they’re not letting me go.”
When Woodley attempted to ask the cop a question, the officer responded, “We can’t talk right here, but you’re going to be placed under arrest for criminal trespassing.”
The Morton County Sheriff later confirmed Woodley had been arrested for criminal trespassing along with twenty six other people.
“She appreciates the outpouring of support, not only for her, but more importantly, for the continued fight against the construction of the Dakota Access Pipeline,” Shailene’s rep shared following Woodley’s release from jail.
Trespassing in California
The trespassing laws in California cover many situations ranging from the ordinary to highly unusual, some of which are difficult to figure out.
Trespassing often means walking into any area that has posted a “No Trespassing” sign. However, trespassing also includes an individual being on vacant property or in a vacant building whether it’s posted or not. claiming that you didn’t realize you were trespassing isn’t a defense.
Definition of Trespassing
Trespassing under California Penal Code Section 602, is defined as the willful entering of another person’s property with the specific intent to interfere with the person’s property rights. “Willful” is defined as deliberately or on purpose. “Specific intent” means the person intended not only to do something but to do something that will cause consequences to the act. An example is loitering in a person’s business with the consequence of interfering with the business or the location of the business.
When Entry Becomes Trespassing
Even if another person gives you the right to enter their land, property, or building, the minute you commit a wrong act after entering it becomes trespassing. For example, a mail person has the right and privilege to walk on the sidewalk of a private home, but he’s not entitled to enter the house. This is to prevent breaches of the peace in order to protect the quiet possession of real property.
A store owner may consider that you’re trespassing if you enter their business, loiter for awhile, and then leave without purchasing anything. If a homeless person takes up residence in an abandoned house or building for days or weeks without permission, local governments usually consider this trespassing.
Any unlawful entry onto somebody else’s property is trespassing, even if no harm has been done.
To prove trespassing, the plaintiff just needs to show the defendant intended to do something wrong as a result of the trespass. The person trespassing can’t use the excuse that they didn’t believe they had done something wrong or that they didn’t understand what they did was wrong.
If you have been accused of trespassing you need the expert experience of a criminal defense attorney such as Sevens Legal, APC. Contact Sevens Legal, APC, today for a free consultation.
Miranda Rights and Police
In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.
Those “Miranda Rights” are as follows:
- You have the right to remain silent and refuse to answer questions.
- Anything you say may be used against you in a court of law.
- You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
- If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
- If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
- Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Interrogations by Police
Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.
There are two key things to remember if you are being interrogated:
1. Interrogations are set up and conducted to produce confessions – even from the innocent
2. The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.
If You End Up In Jail for a Crime Such as a Trespassing Crime
If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:
- Do not discuss anything over the phone. This is often recorded and can be overheard.
- Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
- Do not make statements or answer questions without an attorney present.
- Never waive your rights to something without first speaking with an attorney.
- Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.
Jail and Bond
Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:
- The person charged goes before a criminal court judge
- The judge reads the charges against the person
- The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
- The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
- The judge sets a bail amount, if necessary
- The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.
During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.
Working with a Criminal Defense Attorney
Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.
Working with Sevens Legal, APC
If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal, APC office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800