I live in Denver and my house is set back far into my yard. There is a large gate in the front and a no trespassing sign. A process server came to serve me for a speed van ticket and I accepted the service and then advised him not to ever come back, for I have a no trespassing sign. He came back a few weeks later with a separate speeding ticket. I was in the front yard and he came up towards my property and I told him he was warned not to come on the property. He then stepped up to the fence (my fence is a few feet into my property) and left the ticket. I got his license plate number and vehicle type. The police who work the photo enforcement unit told me I was arguing semantics and was unwilling to help me find out how to file charges. I believe they are targeting me, what are my options?
Really none. You are being cited for violating the law and being served by a process server instead of a police officer, which is the other option, for speeding offenses. Only law enforcement can file charges of trespassing in the criminal courts through the DAs Office. As such, you are wanting to have law enforcement charge themselves for serving you with the criminal charges. Yes, you could try to sue them civilly, but you have no economic damages. This is simply not a fight that is worthwhile. Like it or not, the cops can and will make life a living hell for you basically without any ramifications. We see clients impacted by cops who target them all of the time and their lives are terrible.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
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