Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1

    Default 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

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    Quote Quoting melanie hood
    View Post
    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
    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.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    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.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    Quote Quoting melanie hood
    View Post
    Did I actually commit a crime by sitting in my car, in the parking lot? I at no time entered the above said business.
    Maybe.

    According to the statute:

    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.
    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.

  5. #5

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    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

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    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.

  7. #7

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    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.

  8. #8
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    =adjusterjack;1040789]Maybe..
    According to the statute:
    on the land or premises of another
    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.

  9. #9
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    Quote Quoting budwad
    View Post
    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.
    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.

  10. #10

    Default Re: Can You be Charged With Criminal Trespass for Sitting in Your Car in a Parking Lo

    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

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Parking Violations: Handicapped Parking for Sitting in the Parking Space With the Engine Running
    By cocoamy123 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 07-14-2016, 11:39 PM
  2. Parking Violations: Issued a Parking Ticket While Sitting in the Car
    By Yuki in forum Moving Violations, Parking and Traffic Tickets
    Replies: 32
    Last Post: 03-05-2014, 06:48 PM
  3. Trespassing: Charged With Criminal Trespass on Indian Land After Invitation
    By fairness115 in forum Criminal Charges
    Replies: 9
    Last Post: 06-23-2013, 10:50 PM
  4. Trespassing: Sitting in a Parking Lot is Illegal
    By explorer22 in forum Criminal Charges
    Replies: 3
    Last Post: 01-20-2013, 06:43 PM
  5. Parking Tickets: Parking Ticket for Parking in Handicap Spot, when I Was Sitting in the Drivers Seat
    By alyssab45 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 12-15-2012, 05:51 AM
 
 
Sponsored Links

Legal Help, Information and Resources