• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

criminal trespass - cut and dry to me, but do I need an attorney?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

F

fredster

Guest
What is the name of your state?What is the name of your state? Louisiana

OK, I was charged with criminal trespass. Here's the situation... (By the way, I pleaded not guilty today)

I was at a car wash to get my car washed, but the attendant guided my car over a rail so I demanded to see a manager. He said he was the manager so I asked to see his supervisor. Attitudes between the two of us were tense but not physical. He said, with an attitude, "I'm gonna take care of this" or something similar, implying he would contact another manager. He went to walk into the building and I followed him in. He called a manager and began to tell him that he had a problem with a customer, describing me as the problem. I went to take the phone from him, saying something like "That's not true, let me talk to him." At that point the guy threw the phone down, grabbed me by the collar with one hand, raised the other hand in a fist as if he was going to hit me and shoved me against a wall. Other employees saw the altercation and stepped in. I called the police for this assault. The guy was charged with simple assault (don't know the status of this now), but before the police left, they charged me with criminal trespass. WHAT?!

There is NO sign on the door's exterior saying "employees only" or any kind of implication for non employees to keep out. AND the guy never told me I shouldn't be there or asked me to get out.

I'm wondering if I can just show up to trial with my story and a picture of this door and be OK. Why should I have to shell out dollars for an attorney for something ridiculous. :confused:

Thanks for any advice
 


Shay-Pari'e

Senior Member
(QUOTE)There is NO sign on the door's exterior saying "employees only" or any kind of implication for non employees to keep out. AND the guy never told me I shouldn't be there or asked me to get out.(QUOTE)

Did you forget you followed him, then yanked a phone out of his hands? If you were charged with trespassing, then you are leaving out many details.
 
Last edited:
F

fredster

Guest
As far as me taking the phone out of his hand...

That seems it should be a seperate issue, one that is not dealt with by the criminal trespass charge. Seems to me that in order to be found guilty under Louisiana law, it would have to be proven that I was either told I shouldn't have been in that office, or should have known I shouldn't have been there. Neither of which are true.

As far as the start of the altercation, the attendant guided my car in such a way that I feared damage to my car, thus requesting a manager.
 

Shay-Pari'e

Senior Member
(QUOTE)it would have to be proven that I was either told I shouldn't have been in that office, or should have known I shouldn't have been there. Neither of which are true.(QUOTE)

OK, you are right. :rolleyes:
 
F

fredster

Guest
So, PARADISE, what is your opinion of me representing myself?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top