PA Criminal Trespass

[sporty88]

Pennsylvania.

I received a 3503 (b) (1) (i) simple trespass for arguing with a bar manager. I was asked to leave the bar by one of the bouncers and when I asked why?, he started pushing me towards the door. Another bouncer approached me and yelled "get out" pointing towards the door and in the process he poked me in the eye. I was on my way out until this happened and then I immediately told the manager that I was pissed because I got poked in the eye by a staff member. He told me he was calling the cops, so I stayed there because I felt as if I was assaulted. The cops arrive and listen to my story, but issue me a trespassing citation. They ignore the bloodshot eye and torn skin outside my eye. So i go to the district magistrate who sets the fine for $300. I believe that I was in the wrong here by not leaving, but I stayed because I was poked and hoped the cops would listen to the logic. Why is the fine at the maximum $300? And is there anything i can do to help my case? Currently, the officer who issued the citation is "unavailable" to speak with me about it.

 

[FlyingRon]

What makes you think you are entitled to "stay because you think you were assaulted?"

The cited statute is not for "simple" trespass (a summary offense) but for "defiant" trespass (a misdemeanor). You were guilty as soon as you were told to leave and you didn't. They don't need to give you are reason.

Simple trespass would be 18 Pa CS 3503 (b.1), but making that substitution in the statute cite you gave doesn't make much sense unless you made threats or terrorized the owner/occupants.

I'd strongly suggest a lawyer if this is indeed a misdemeanor rather than a summary offense (I might even consider a lawyer in the latter case).

 

[sporty88]

the paper is a Non-Traffic Citation/ Summons. It says section 3503 sub section (b) (1) (i). It does not say on the citation what type of trespass I am being charged with. So how do I know which kind this is?

 

[FlyingRon]

The yellow form "traffic ticket" type is usually indicative of a summary charge.
However the code cite is as I stated "DEFIANT TRESPASS" and as I read it the exact subsection you are charged with is a third degree misdemeanor. A misdemeanor is usually a full sized sheet of paper with an order for the preliminary hearing and preliminary arraignment.

You can pay the "bail" (usually something like $50) and go to the magistrate on the summary charge. How that might turns out depends on which magistrate you are up against (which is why at least talking to a local lawyer might be advised). There's a high variability in magistrates across the commonwealth. Some can be quite reasonable, the others are complete hard-asses.