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  1. #1
    Join Date
    Aug 2016
    Posts
    1

    Default Trespassing and Resisting Arrest at a Concert Venue

    My question involves criminal law for the state of: Ohio

    My friend and I were walking out the exit of a concert. It was about 25 minutes after the final act finished. There were still vendors actively open for business inside the venue and plenty of people remained as we were exiting. Near the entry gate, an officer yelled at my friend that he could not take his cup of water (it was clear and easily visible that it was water) outside of the venue, then slapped it out of his hand as he tried to drink it. We kept moving towards the exit, and the same officer aggressively shoved my friend in the back and then did the same to me. I turned and told him to not do that. He immediately tackled me to the ground and tried to handcuff me. He positioned himself on by back where I couldn't physically get my hands behind my back. Despite my pleases that I couldn't get my arms behind my back, he applied pepper spray and slammed my head into the ground (leading to a concussion). My arms were pulled behind my back and I was cuffed.

    My challenge is I only have one witness (my friend) and can't seem to find any surveillance video.

    I spent the night in jail and was charged with trespassing and resisting arrest. It's my belief that the trespassing charge was used to justify the pepper spray and shouldn't hold up, but I'm not sure if both will get dropped. I have a continuance and plan to plea not guilty. Will I have to go to trial? Do I have any chance to counter for the emergency room costs? Any guidance/advice is greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Trespassing/Resisting Arrest

    A local attorney will be able to review any reports and give you some advice as to how to proceed. The officer's actions may have been excessive, or, they may have been objectively reasonable based upon how you were acting.

    We have no way to know if you will have to go to trial, but criminal charges are rarely ever just "dropped." If the DA files the charges, yeah, you will have to go to court. If charges are filed and you take a plea, you can avoid trial.

    You are certainly free to make a claim against the agency for any medical costs, but, you can probably expect the claim to be denied and have to take that to court as well. If you do not have an attorney, yet, you should get one. And also ask him whether you should make a complaint against the officer or not.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Mar 2013
    Posts
    18,226

    Default Re: Trespassing/Resisting Arrest

    Any guidance/advice is greatly appreciated.
    Here's the advice. Hire a criminal defense attorney and don't talk to anybody except the attorney about this.

    You are being prosecuted for crimes. Convictions can screw you up for the rest of your life.

    Get out from under this and then you talk to a personal injury attorney.

  4. #4
    Join Date
    Jun 2016
    Posts
    141

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting adjusterjack
    View Post

    Get out from under this and then you talk to a personal injury attorney.
    Can the OP sue the *concert venue* immediately, without having to wait for the criminal trial to be resolved?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting TechWorker
    View Post
    Can the OP sue the *concert venue* immediately, without having to wait for the criminal trial to be resolved?
    He CAN, but, it might be a stronger case not to have the criminal charges hanging over his head.

    If his injuries were serious enough, he really should speak to an attorney to help decide whether a lawsuit is worth it or not.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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