Trespassing after warning

[Dannyp]

Hope this is the right place to ask this. Okay, so I was at a bar last night and got heated with a bartender because he was calling me names for throwing a cigarette butt where it might hit someone (it clearly didn't). I apologized until he started calling me an *******, at which point I lowered myself to his level, calling him names back. I walked away frustrated, only to be grabbed by a cop 2 minutes later. He pushed me out of the bar into the parking lot, where I began arguing out of frustration. They gave me a quick warning to leave, and when I responded with a, "wait, I want to know why I'm being kicked out", they handcuffed me. My question is: is this really tresspassing? I payed to get into the bar, I payed for drinks, the cop escorted me (violently) out of the bar, but left me in the parking lot. If I was escorted off the premise and came back, I would understand it as trespassing, but I didn't go anywhere. Do I have a case? Let me know if I need to be more specific.

[seniorjudge]

...They gave me a quick warning to leave, and when I responded with a, "wait, I want to know why I'm being kicked out" TRESPASSING STARTED AT THIS POINT, they handcuffed me. My question is: is this really tresspassing?...

[CdwJava]

Were you arrested and charged? Or just escorted off the property in cuffs?

What kind of "case" do you think you have, and against whom?

Refusing to leave after being asked to do so is trespassing in most every state ... you did not cite your state, so we can't check your state's definitions.

What state are you in and what code section are you charged with violating?

- Carl

[VeronicaLodge]

you threw a lit cigarette inside the bar?>?

[Dannyp]

Originally Posted by CdwJava

Were you arrested and charged? Or just escorted off the property in cuffs?

What kind of "case" do you think you have, and against whom?

Refusing to leave after being asked to do so is trespassing in most every state ... you did not cite your state, so we can't check your state's definitions.

What state are you in and what code section are you charged with violating?

- Carl

Sorry, I'm in Florida. The offense description is "trespass after warning". My case is that it wasn't clear to me why I was being asked to leave in the first place, in addition to the fact that I had already been escorted out of the bar when I received the warning. The only reason I was still in the parking lot is that the officers didn't make it clear that I was still on the property and that after a warning I would be arrested. Their warning was "you'd better leave or else", not "you will be arrested because you are still on the owners property". After the warning, I didn't have time to say one sentence before they cuffed me. I was in the parking lot, so I was obviously going to leave at this point...do I have to sprint off the property when I get a warning?

[CdwJava]

Originally Posted by Dannyp

Sorry, I'm in Florida. The offense description is "trespass after warning". My case is that it wasn't clear to me why I was being asked to leave in the first place, in addition to the fact that I had already been escorted out of the bar when I received the warning. The only reason I was still in the parking lot is that the officers didn't make it clear that I was still on the property and that after a warning I would be arrested. Their warning was "you'd better leave or else", not "you will be arrested because you are still on the owners property". After the warning, I didn't have time to say one sentence before they cuffed me. I was in the parking lot, so I was obviously going to leave at this point...do I have to sprint off the property when I get a warning?

Turning around a walking off the property would demonstrate you were leaving. Standing and arguing would not.

However, it's possible the DA may just resolve this as a matter that was settled by the arrest and not proceed any further with the matter.

I would recommend consulting a defense attorney.

- Carl

[xylene]

Originally Posted by Dannyp

My case is that it wasn't clear to me why I was being asked to leave in the first place

The 'why' is irrelevant. You could have been asked to leave because of the wrong color shirt.

You also should now realize that you were asked to leave because of your conduct, IE throwing lit cigs, starting fights with the staff, and cursing in a public place...

in addition to the fact that I had already been escorted out of the bar when I received the warning.

You were still on the property.

The only reason I was still in the parking lot is that the officers didn't make it clear that I was still on the property and that after a warning I would be arrested.

A warning to leave is all they needed, not an explanatory warning that you would be arrested.

Their warning was "you'd better leave or else",

That is the valid warning

not "you will be arrested because you are still on the owners property".

Not required, and I am sure you were making a scene, so why would they bother.

After the warning, I didn't have time to say one sentence before they cuffed me.

There is nothing you could say that would have changed the fact that you were arrestable at that point.

I was in the parking lot, so I was obviously going to leave at this point...do I have to sprint off the property when I get a warning?

No you needed to walk away quietly and quickly, without trying to give anybody an arguement.

Now, if you were really leaving, that will come out in your defense.

The charges might be dropped too.

You need to think critically about the role alcohol intoxication played in these events.

[BoredAtty]

Originally Posted by Dannyp

The only reason I was still in the parking lot is that the officers didn't make it clear that I was still on the property....

That fact may help you since you didn't willfully remain on the bar owner's property.

[Dannyp]

Originally Posted by VeronicaLodge

you threw a lit cigarette inside the bar?>?

No, it wasn't lit, I put it out. It is an outside bar. I was on a deck, and there was a roof next to me that I threw the cig on. I understand what all of you are saying, and I will be hiring an attorney. I realize I should have walked away immediately, but I was caught up in the situation. My only problem with the situation was that they didn't even let me finish a sentence after they warned me before they arrested me, not to mention that the warning was not clear.

[Some Random Guy]

I was on a deck, and there was a roof next to me that I threw the cig on.

No wonder they wanted you out. Personally, I would have wanted a copy of your ID befroe leaving. That way they would know who to arrest for arson when the place next door burned down.

...not to mention that the warning was not clear.

from earlier:

Their warning was "you'd better leave or else",

Yes, the "or else" is not properly defined, but all they needed to say was the first half.