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Wrongful Arrest???

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Mike Krausman

Junior Member
What is the name of your state?What is the name of your state? Texas


I was arrested Saturday Feb. 12th 2005 for criminal trespassing at a condominium project while attending a meeting of residents I sold condos to. The developer of the project did not want me on the property when I left the company a year ago and I agreed not to enter since I had no further business there.

Since then several owners had invited me there and I have attended. I was asked to leave one time last summer by the security officer that gets free rent for watching the property. I told him I would leave but circumstances had changed and I now wanted to vist the property for business and personal reasons. He said he would arrest me if I came back

I went to his supervisor and told him the situation and he agreed that if I was invited to the property I was not guilty of trespassing. He also noted that the original complaint referred to the project as an apartment project which is quite different that a condo project whrer there are many owners not just one.

I would like to hear other opinions as to if I am in the right or wrong and if I can possibly go after the people involved in my arrest for slander, libel, wrongful arrest etc. I spent 2 days in a nasty jail and was humiliated in front of many people at the meeting. I also was never asked to leave the property that day.

Let me know. Thanks! [email protected]
 


O

OhBullship

Guest
If someone with the authority to control the property tells you that you are not allowed to be on that property, going there is trespassing.
 
O

OhBullship

Guest
What do they actually own? Do they own just the housing, or do they own the land surrounding it? Have they contracted someone else to control the property?
 
S

seniorjudge

Guest
This whole thing hinges on whether you trespassed onto property that you were told to stay off of or whether you whether you went on to property that was not owned, occupied, or possessed by the persons who filed the complaint against you.

IF (big word) the latter, you have a possible lawsuit for malicious prosecution.

Go see a lawyer.
 

Mike Krausman

Junior Member
They have "ownership" in the "common areas". A percentage. In this case there are 150 owners and each owns a percentage of the total. There is a management company but again, I was under the impression that if any owner or tenant of a rented out unit invited me onto the property, that I would have the same rights enjoyed by the rest of the residents.

I hope you are wrong. I'll know Friday AM. Thanks for your comments!
 
O

OhBullship

Guest
Mike Krausman said:
They have "ownership" in the "common areas". A percentage. In this case there are 150 owners and each owns a percentage of the total. There is a management company but again, I was under the impression that if any owner or tenant of a rented out unit invited me onto the property, that I would have the same rights enjoyed by the rest of the residents.

I hope you are wrong. I'll know Friday AM. Thanks for your comments!
You mentioned rental property. The owner or property manager would have the authority to keep you from the property.
 
S

seniorjudge

Guest
OhBullship said:
You mentioned rental property. The owner or property manager would have the authority to keep you from the property.
Not exactly true; but this is a condo; whole different ballgame.
 

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