A few nights ago I was at my favorite watering hole where I apparently had a few to many. I was asked to leave (so I'm told). Apparently I was told not to come back. I do not remember any of this. The following evening my friends and I went to the same bar. When entering I showed my ID to the bouncer and preceded to apologize for what I had done the night before (this was the same bouncer who asked me to leave the night before). He said not to worry about it and let me in. Within 15 minutes the police were escorting me out and charged me with trespassing. If anyone has knowledge of criminal and could help me out with my options please let me know.
Thanks
2007-02-18 07:06:17 · 8 answers · asked by Christopher M 1 in Politics & Government ➔ Law Enforcement & Police
If you were told to leave and never come back that is a verbal criminal trespass warning. If you do go back you can be arrested and charges with criminal trespassing. Sometimes warnings are done in writing but they do not have to be. As long as the bouncer, who is authorized by the bar to give a CTW gave you the warning it sticks and you are screwed.
2007-02-18 07:18:39 · answer #1 · answered by me 3 · 0⤊ 0⤋
I don't think being to drunk to remember you were not supposed to be there is a valid defense. On the other hand if the bouncer let you in then how is that trespassing. What says the bar can't change their mind about you being there. Just because they tell you not to return one night doesn't mean they don't want your money the next night. It's not entrapment because the bouncer doesn't work for the police. I think the cops should have given you the option of leaving since the bouncer let you in unless you were there causing problems. Were the police involved the night before? If I was a cop I wouldn't arrest somebody for trespassing just because the bouncer told me to but if I had first hand knowledge that you were advised not to return then I would.
2007-02-19 23:52:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hi - it seems the bouncer didn't have the guts to tell you, you weren't allowed in the 2nd night. Either that, or the licencee wasn't happy you being there and it wasn't the bouncer that called the Police. If you're in the UK, the Police wouldn't be charging you with tresspass, as it's a civil offence, not a criminal one. The Police, also, are not allowed to ask you to leave - the licencee can ask you to leave in their presence, and if you don't, then the Police can escort you from the premises. And no, it's not entrapment - see explainations above.
2007-02-18 22:25:12 · answer #3 · answered by ragill_s1849 3 · 0⤊ 0⤋
No, it is not entrapment. You committed no crime. Once the bouncer let you in, your presence is allowable. I suspect someone other than the bouncer called the cops on you. Your defense is, the bouncer granted you entrance and, as an agent of the owner, as the authority to do so. Doesn't matter if you were told not to come back; that direction ended when you were invited in by the bouncer.
2007-02-18 19:41:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It certainly isn't 'entrapment'. That term implies when the police or an agent of the police convince you to commit a crime you wouldn't have otherwise committed, which clearly isn't the case here. You may have a defense to the trespassing charge depending on how the law is worded in your locality.
In Missouri, there are 2 kinds of trespassing. First degree trespassing applies when the person has been warned, or should have reasonably known that they weren't supposed to be where they were.
Second degree trespassing, however, can be committed completely by accident; i.e., you thought you could be in the bar, but you couldn't. Even if it was reasonable, you could be charged with that crime.
2007-02-18 15:14:35 · answer #5 · answered by Citicop 7 · 2⤊ 0⤋
Learn a lesson about drinking to much, put the honest responsiblity to where it belongs, on you for your drinking problem.
it can not be entrapment, since entrapment is just something the police can do, a private business can not do it ( well not illegally)
So you are basicly guilty and need to see if you can work a plea out.
2007-02-18 16:22:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
plead not guilty because the bouncer should not have let you in if he told you not to come back and tell the judge you don't remember anything
2007-02-18 17:13:30 · answer #7 · answered by glamour04111 7 · 0⤊ 0⤋
See your lawyer. Sounds to me like they are on a mission
2007-02-18 15:10:00 · answer #8 · answered by celianne 6 · 0⤊ 1⤋