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I would like to know if it legal to be arrested for criminal

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trespass on public property, specifically...
I would like to know if it legal to be arrested for criminal trespass on public property, specifically on court house property.
Submitted: 7 years ago.Category: Criminal Law
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Answered in 1 hour by:
3/1/2010
Criminal Lawyer: Steinlaw, Lawyer replied 7 years ago
Steinlaw
Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1,811
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-Could you explain your situation a little more?
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Customer reply replied 7 years ago
I was in the court house because I had provided transportation for a close friend who was due in court. I was with a group of 4 people who had come to support her and as we were waiting 2 of the girls were a little bit noisy so a lady who worked there, I can only presume because she didn't identify herself, told us we needed to leave. I was the only one driving and I wasn't not causing any trouble and I had no way of contacting the person I was with because she was in the court room so I told the rest of the group to leave and I would stay. I went back and sat in a different part on the same floor and the lady came over to me again and told me I needed to leave I asked her why and she told she didn't need to give me a reason so I told her I knew I wasn't doing anything wrong so I wasn't leaving and she went and got security who called some police officers who came to where I was still standing quietly and told me I had to leave right away. I asked them what I was doing wrong they said they didn't need to give me a reason and I needed to obey their authority or I would be arrested I asked them what I would be arrested for and they said trespassing to which I replied by asking how I could trespass on public property to which they replied they didn't need to answer my questions (by this point they were very close to me, in my face) and so I said I wasn't leaving because I wasn't doing anything wrong and they said leave or your going to jail so I said you'll have to arrest me (because I didn't want to be charged with resisting arrest) and I put my hands behind my back and they then handcuffed me and took me to jail.
Criminal Lawyer: Steinlaw, Lawyer replied 7 years ago
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

You can be charged with trespassing on public property. For example, if I walked into city hall after it was closed, I would be trespassing. It is possible to trespass on public property.

In your case, it sounds like they really meant you were disturbing the peace. Not you, per se, but the people you were with. Once they left, the disturbance left and hence no charge should be filed. And no arrest should have been made.

Based on these facts, you should hire an attorney to defend you and request a determination of factual innocence by the judge. You can then have the arrest expunged from your record.

Good luck.




Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. The nominal price you may or may not pay for information does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I do not provide general or specific legal advice on this site. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.
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