Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lot

My question involves criminal law for the state of: Ohio

On Tues. 8/8/17, I was told not to return to Dollar general, in Carlisle Oh, I insulted the man who molested my child in 2001. He was also shopping the same store, same time. I only verbally assaulted him, out the door, however his girlfriend works there. The officer's ask I not return per requested by mgr of store.

On Fri. 8/11/17, my girlfriend who does not own a car needed a ride, she also was/is on crutches on this day. I drove her to said store, dropped her off at the door, sat in car, and waited for her return. I never entered the said store. When she returned to car, we promptly left. About 45 minutes later and officer showed up at my home, and issued me a "criminal trespassing" ticket.

The said parking lot also, provides parking for 3 other businesses. Did I actually commit a crime by sitting in my car, in the parking lot? I at no time entered the above said business.

Thank you, MHood

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Quoting melanie hood

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My question involves criminal law for the state of: Ohio

On Tues. 8/8/17, I was told not to return to Dollar general, in Carlisle Oh, I insulted the man who molested my child in 2001. He was also shopping the same store, same time. I only verbally assaulted him, out the door, however his girlfriend works there. The officer's ask I not return per requested by mgr of store.

On Fri. 8/11/17, my girlfriend who does not own a car needed a ride, she also was/is on crutches on this day. I drove her to said store, dropped her off at the door, sat in car, and waited for her return. I never entered the said store. When she returned to car, we promptly left. About 45 minutes later and officer showed up at my home, and issued me a "criminal trespassing" ticket.

The said parking lot also, provides parking for 3 other businesses. Did I actually commit a crime by sitting in my car, in the parking lot? I at no time entered the above said business.

Thank you, MHood

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Since the parking lot services 3 other businesses you might possibly be able to argue against the ticket in court. You did not enter the store and were parked in a non exclusive lot.

did the officer give you a trespass order in writing? what did it say? I suspect there is documentation of the original order and you need to see what area you were told to stay away from.

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Quoting melanie hood

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Did I actually commit a crime by sitting in my car, in the parking lot? I at no time entered the above said business.

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Maybe.

According to the statute:

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2911.21 Criminal trespass.
(A) No person, without privilege to do so, shall do any of the following:
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;

(D) (1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.

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http://codes.ohio.gov/orc/2911.21

A fourth degree misdemeanor can get you up to 30 days in jail and give you a criminal record even if you don't get jail.

I suggest you consult an attorney.

Hello, at the time I was told not to come back, I " did not " get a trespass order in writing. Thank you, I will research for a documentation of the original order, I'm sure he had to write a report of the call. Thank you

Although having a written record will generally strengthen any subsequent trespass prosecution, you don't have to be given a written document telling you that you are banned by a store. The oral instruction that you are banned is sufficient.

I have picked up the official report, from the officer it states " I advised Hood she was trespassed from the store, since that is what mgr wanted". So it says trespassed from store, does this make a stronger case, since I never entered the store. Thanks again, I am trying not to have a criminal record.

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=adjusterjack;1040789]Maybe..

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According to the statute:

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on the land or premises of another

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In a mall with 4 stores, you can bet that Dollar General doesn't own the property but is a tenant. Unless the landlord pressed the complaint, I don't see the maybe. She didn't enter the store. That is all Dollar General's manager has authority of. Not the parking lot.

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Quoting budwad

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According to the statute:


In a mall with 4 stores, you can bet that Dollar General doesn't own the property but is a tenant. Unless the landlord pressed the complaint, I don't see the maybe. She didn't enter the store. That is all Dollar General's manager has authority of. Not the parking lot.

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I agree, however it does appear that a warrant was issued and that she was cited/arrested. Therefore she is going to need an attorney to fight this on the basis that she was trespassed from the store and she never entered the store. She waited in the parking lot while her passenger shopped at the store.

What happens, if an officer of the law saw me sitting in the parking lot. Which he did, and agreed, he did see me sitting in the parking lot. (he was in uniform). He said he could be subpoenaed into court, as a witness, plus I have my friend whom went in and has written a notarized letter, stating she was my passenger and I sat in the car the whole time. I'm unemployed after 35yrs and I'm trying to defend myself. Although if an attorney is the only way, then I will have to hire one. Thanks again

If you are going Pro Se, you need to bring your friend to court. Courts don't pay much attention to letters. Letters can't be cross-examined.