Legal Question

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PJ Fan	Legal Question		Lead	[-]
Posts: 4790 06/22/2009 4:05 PM Waitin For His Green Card	Tags : None so just got back from my eddie vedder memphis trip memphis is awesome (beale st. anyway). the show was great but, had a small issue in buffalo last friday night the quick story is that friday night we stayed by the airport to save time and sleep longer before our flight saturday morning, anyway friday night we got a little drunk and were loud in our hotel room and got kicked out at around 3am I was passed out but woke up to 6 cops at our door and 2 hotel staff asking us to leave. We didn't argue as we knew were loud so we gathered our stuff and left (with the plan of just walking next door to the other hotel) anyway as soon as we got outside the hotel, the cops handcuffed us (me and 2 buddies) and threw us in cruisers apparently charging us with criminal trespassing 140.10 they took us to the police station booked us and put us in a cell over night, they also towed our car to an impound. we were able to get out at around 8am and just managed to get a cab to the impound and make our flight so it worked out but anyway they gave us a summons to appear in court in 2-3 weeks after we paid bail, my question is can I pay a buffalo lawyer to appear on my behalf or do I actually have to drive back to buffalo for this? also is it worth arguing the charge, I don't see how we can be charged with trespassing as we were leaving and were not trying to stay? tia -Rob You never need an argument against the use of violence, you need an argument for it. - Noam Chomsky
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themakeadeathwishfoundation		#1		[-]
Posts: 8848 06/22/2009 4:06 PM	hmmmm wow that blows. no clue how to help/good luck. Concert Confessions - Live Music Reviews By Fans For Fans: Sign Up & Share Your Tales Today! Main Site Facebook Myspace Twitter YouTube
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GreatNortheast218		#2		[-]
Posts: 4821 06/22/2009 4:17 PM	maybe they were arresting you for trespassing on America. in all seriousness, that sucks man. dont see how they could nab you for trespassing either, but i'm no lawyer.
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willson486		#3		[-]
Posts: 10665 06/22/2009 4:42 PM Shirt Off	Just call the Erie County Bar Association's office and ask them for a referral (tell them the situation): http://www.eriebar.org/for_the_public/lris.asp
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BaderBaderBader		#4		[-]
Posts: 17918 06/22/2009 5:02 PM Rookie Of The Year	Off-topic... how do you go from Memphis to Buffalo and then require a flight. Did you fly everywhere? Aren't you from Toronto? Just curious. On-topic... I will show up for you, no guarantees. joe.bader@gmail.com AIM - badercubed www.badercubed.com
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cdm813		#5		[-]
Posts: 2875 06/22/2009 5:11 PM	so you were asked to leave at 3, but didn't leave til 6? dumbass. no wonder you got nabbed. check us out on myspace! \| buy our CDs and t-shirts! the whatnot webstore - iTunes - MSN Music \| post on our message board! upcoming dates: 12.12 - the page - portsmouth, nh (w/ seconds to september) 3.5.09 - middlebury college - middlebury, vt
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PJ Fan		#6		[-]
Posts: 4791 06/22/2009 5:16 PM Waitin For His Green Card	flight was from buffalo to memphis (way cheaper than flying from toronto) and we were asked to leave at 3am and left right away, it was 6 police officers that were at our hotel door -Rob You never need an argument against the use of violence, you need an argument for it. - Noam Chomsky
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big kraut		#7		[-]
Posts: 14521 06/22/2009 5:20 PM Now, Medium Kraut	had you received any complaints before then? i can't imagine that's legal... definitely talk to an attorney and probably threaten a counter suit for legal fees buy a canyard
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PJ Fan		#8		[-]
Posts: 4792 06/22/2009 5:27 PM Waitin For His Green Card	they may have phoned up(not sure as we were passed out), but if so didn't hear or answer until they came to the door -Rob You never need an argument against the use of violence, you need an argument for it. - Noam Chomsky
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SPelizzaro		#9		[-]
Posts: 1595 06/22/2009 5:34 PM	how were you loud if you were passed out? -Scott
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PJ Fan		#10		[-]
Posts: 4793 06/22/2009 5:38 PM Waitin For His Green Card	I wasn't loud it was the ipod speakers that were loud -Rob You never need an argument against the use of violence, you need an argument for it. - Noam Chomsky
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Doozer127		#11		[-]
Posts: 14717 06/22/2009 5:46 PM Still Owns Faces	you all were passed out, but the music was still blaring? i'd have arrested you for being a stupid fucking Canadian.
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big kraut		#12		[-]
Posts: 14522 06/22/2009 5:49 PM Now, Medium Kraut	stupid? yes. illegal? not sure. buy a canyard
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vanman0254		#13		[-]
Posts: 1604 06/22/2009 9:33 PM	They probably don't have much of a case because the crimes require that you remain unlawfully. Unless they can show that you were protesting being kicked out or were forcibly removed, I doubt the case has much merit. In terms of appearing personally, you probably won't have too so long as you contact an attorney. They can communicate with the prosecutor and probably plea it out before it goes to court. Some states don't require a personal appearance for misdemeanors, but I don't know New York law. I bet you can find attorney to handle it for less than 150-200, but don't take my word on that.
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rochOAR		#14		[-]
Posts: 1690 06/22/2009 10:14 PM Esquire	Legal advice non-lawyers hate....hire a lawyer, or at least try to talk to one licensed in the Buffalo area. Odds are you won't have to personally appear if you have counsel, and as mentioned above hammering out a plea with an experienced lawyer should be easy in a case like this. Realistically if you no priors and you plea, you should be able to get it dismissed with a community service penalty. If you stay out of trouble, it will get dismissed after a year or so post-community service. The first instinct is always to fight these things, but the quicker you get a lawyer and put it behind you, the better you are off. ******************************************* "As I'm blazing upon my trail to education there's no bliss in ignorance to me" - O.A.R. - "Road Outside Columbus" Stanwixj@hotmail.com *******************************************
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braceOAR		#15		[-]
Posts: 1010 06/22/2009 10:55 PM	The American court system is so back up, you will have to wait a few months. I would the bar association that someone listed above. At least you enjoyed the show. I saw him in Philly Night II. Also ........http://www.newyork-defens...r.com/TrespassingNY.html Charged with Criminal Trespass in New York? Don't Let a Criminal Charge Ruin Your Life! New York's laws against trespass, or criminal trespassing are serious. Charges range from felony trespass, to misdemeanors and non-criminal violations. If you've been charged with trespass in New York, call our attorneys now to find out what we can do to help you and defend your rights. Don't plead guilty to any criminal charge like trespass without consulting a qualified, experienced New York criminal defense lawyer. A criminal record can follow you for life, and there may be ways to easily prevent this from happening, by seeking a dismissal of the charges, or getting them reduced down to a non-criminal violation. Call (866) 382-8646 now for a legal consultation with an experienced defense lawyer in New York who understands New York state trespassing law. NY Trespass Laws & Penalties Depending on the circumstances, Trespass crimes range very serious to relatively non-serious. Criminal Trespass in the First Degree - 140.17 First degree criminal trespass involves trespassing with a gun or deadly weapon. In order to prove that an individual is guilty of Criminal Trespass in the First Degree, it must be established that the person accused of trespass knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he/she: Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or Possesses a firearm, rifle or shotgun, or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two. Under New York Penal Laws, Criminal Trespass in the First (1st) Degree is classified as a D Non Violent Felony charge. (140.17) Criminal Trespass in the Second Degree - 140.15 Second degree criminal trespass involves trespassing into a home or residence without permission. In order to prove that an individual is guilty of Criminal Trespass in the Second Degree, it must be established that the individual: 1) knowingly enters or remains unlawfully in a dwelling. Under New York Penal Laws, Criminal Trespass in the Second (2nd) Degree is classified as an A Misdemeanor charge. (140.15) Criminal Trespass in the Third Degree - 140.10 Third degree criminal trespass in NY involves trespassing into a building or onto someone else's property. In order to prove that an individual is guilty of Criminal Trespass in the Third Degree, it must be established that the individual: knowingly enters or remains unlawfully in a building or upon real property, which is fenced or otherwise enclosed in a manner designed to exclude intruders; or where the building is utilized as an elementary or secondary school, a children's overnight camp or a summer day camp, or where the building is used as a public housing project, or where the property consists of a right-of-way or yard of a railroad or rapid transit railroad. Under New York Penal Laws, Criminal Trespass in the Third (3rd) Degree is classified as a B Misdemeanor charge. (140.10) Trespass - 140.05 In order to prove that an individual is guilty of the violation of Trespass in New York, it must be proven that the person: 1) knowingly enters or remains unlawfully in or upon premises. Trespass (Simple Trespass) is a violation under New York law. It is not a criminal charge. Free Legal Consultation on New York Criminal Trespass Charges Call us to talk about your criminal trespass or related New York state criminal offenses. We offer a free consultation on criminal defense issues. Call (866) 382-8646 now for the help you need. Don't accept what the DA is offering you without competent legal advice. You could be making a mistake that will leave you with a permanent criminal record. Call for a consultation now. (866) 382-8646
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Ay Jayy		#16		[-]
Posts: 4391 06/23/2009 9:28 AM Lame!	Trespass - 140.05 In order to prove that an individual is guilty of the violation of Trespass in New York, it must be proven that the person: 1) knowingly enters or remains unlawfully in or upon premises. Trespass (Simple Trespass) is a violation under New York law. It is not a criminal charge. This looks like the only thing they could possibly charge you with. It doesnt sound like more than a fine. I would still get a lawyer and try to get it dismissed though. -Anthony Flickr
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MNDylanFan		#17		[-]
Posts: 10978 06/23/2009 12:14 PM Custom Checks In 6 Short Months	he said 140.10
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Ay Jayy		#18		[-]
Posts: 4392 06/23/2009 12:17 PM Lame!	ahh, well thats total bullshit then. It fits none of the criteria. -Anthony Flickr
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GreatNortheast218		#19		[-]
Posts: 4822 06/23/2009 12:33 PM	how many people were in the hotel room versus how many people were paid for? meaning, did you check in as 1 guest, or 3 guests (or more) sharing the same room?
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Jackstraw11		#20		[-]
Posts: 16248 06/23/2009 12:36 PM Danger High Voltage	we were kicked out of a jesus freak motel in panama city, fl. (they had bible reading at the pool several times a day) they said we had been ' snorting cocaine off the floor' and the only thing i can think of is that someone stepped on a red sudafed that fell out of my bag. they kept all of our money. the cops didn't do a thing.
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