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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I am a 48 year old women whom at one time many years ago signed

Resolved Question:

I am a 48 year old women whom at one time many years ago signed a no tresspass contract on a riverboat. That riverboat had sold to other buyers was sold and a whole new casino on land was built. I had gone to this new casino and had wrote and cashed checks two different times over a month apart. On my third trip months later I was stopped from cashing a check and told if I did not sign their paper I would go to jail. I would not sign a paper and thought I had that right to refue. I was handcuffed sent to jail. My pretrial hearing all charges were dropped against me (tresspassing and IWOA). I cannot believe I never signed a contract with this new casino and was allowed to cash checks and then at their will they can say you have to do this or else and I have no recourse. DO I HAVE ANY RECOURSE?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

hi

 

any company, store, casino, etc can preclude someone from their premises as long as it is not being done based on a bona fide discrimatory factor - such as, age, race, gender, disability, religion, etc - there is no law that mandates a business must serve anyone and they have the right not to, again, unless it is a discrimination matter

 

while this whole matter is embarassing for you, it sounds as if you were arrested for trespassing after being told to leave and you did not - if that is the case and you were not told that you could not be there because of any of the above listed factors of discrimination, then i am sorry to say you would have no recourse

 

addtionally, arrests are a matter of public record regardless of the outcome

 

Customer: replied 8 years ago.

Dear XXXXXuel-ll,

 

I did not refuse to leave. I asked nicely 3 or 4 times for my check back and my I.d. I told the DCI officer I would leave and not come back.

 

The DCI officer said if I dont sign the contract/paper I would go to jail. I went to jail. All on video I was very compliant. He is the one whom abused his power. All on video.

Customer: replied 8 years ago.

Dear XXXXXuel-ll,

 

I did not refuse to leave. I asked nicely 3 or 4 times for my check back and my I.d. I told the DCI officer I would leave and not come back.

 

The DCI officer said if I dont sign the contract/paper I would go to jail. I went to jail. All on video I was very compliant. He is the one whom abused his power. All on video.

 

I was held against my will and even arrested. I would have gladly left and even politely said so if they would give me my check and drivers liscense back. They officer held on to these items until I either signed their contract/paper or I would go to jail. He had full power over the whole situtation and I could not have left if I wanted to. They had myself and my girlfriend completely detained. I was held against my will.

 

Jody Borgman

Expert:  Samuel II replied 8 years ago.

hi

 

well, you were under no legal obligation to sign anything and if you feel that the detention/arrest was wrongful or your rights were violated then you should consider consulting with a local attorney to see about the merits of a lawsuit against the riverboat and its employee

 

it sounds, if you said you would leave, that the arrest was totally unnecessary and you are correct that you did not have to sign anything, there is no crime there

 

as to it being reported - you would have no recourse against the paper because they report arrests regardless of why it happened - but this is something else that you can consult on as to how the arrest resulted in a news account that could be detrimental to your reputation

 

you can contact the Iowa Bar Assocation for referral. try to get an attorney who will consult for free and who will consider taking the matter on a contingency basis

 

use this link for the IBA

 

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