Legal Question in Personal Injury in New York

trespass

I got charged with trespassing. Here's

how it happened. I was outside of the

bar smoking. Then the DJ or owner (I

am not sure yet) came out and we

were chatting. The guy did not like

my accent, and said you are not

coming back. I said OK, I'll wait for

my friend. I was outside of club and

their property when the guy from

security who was friends with the

local cop, asked a cop to come over.

Notice: I was outside of the property

at that time. Cop told me: ''you are

not going back'', to which I replied: ''I

am not going to, I am waiting for my

friend''. At that time my friend came

out. The cop said, and this is a quote:

''Get the fuck out of here before my

car comes, or you go to jail''. To

which I said: ''what did I do''. He

swore and said: ''Oh you fucking

immigrants''. I got into jail that night

for nothing. My court is scheduled for

Monday morning. I was charged with

trespassing, for the only reason that

DJ/owner is a friend with the cop,

and they did not like me. I was not

on their property, and was not trying

to get into. Cop was also bragging

that he was promised to be taken to

court 30 times and never happened.

What are my legal rights? Do I sue

the owner or the cop?


Asked on 6/21/09, 4:56 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: trespass

Get a criminal lawyer pronto.as far as your section 1983 case, there may be a violation but I don't think your damages rise to the level of an actionable suit. But as they say two lawyers, three opinions, I would get another opinion if I were you.

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Answered on 6/21/09, 7:51 am


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