25-year long trespass case still pending
July 13, 2013
My local road association will return to court soon, once again as spectators. The district attorney began prosecution of a trespass (coupled with a court order violation) in a case with a 25-plus year history. Not surprising that it's taken so long, given the rural property rights issue of it and since it's all about a private road and illegal access to it. Will the court support the people victimized in the case? That's hard to say. Prosecutors recognize the criminal (that trespass and violation of a court order are misdemeanors), yet some think it's "a civil case." What the alleged scofflaw hoped to achieve was a shortcut access to a road he has no claim to and in spite of a court order prohibiting his doing so. It's still an alleged criminal activity until the facts (hopefully) get before the judge.
When the truth can be reached through fact-finding, when law is broken and fact demands it be enforced, isn't it the prosecution that pursues remedy for the alleged crime? If not, then is "enforcement" achieved only at thousands of dollars in further expenses to those who have already spent thousands defending against what should be prosecuted?
Documenting the alleged crime over the years has no other place to go when the facts (deeds, court orders, violations) languish in a box, ignored by those whose participation is required in order to provide remedy. We need the law to work for us, not against us, or why have it?