Legal Question in Criminal Law in Virginia

Re: Trespassing charges

No, but the police did, as you refused to leave after being told to do so. However, given these circumstances, you might get a favorable result in court. Good luck.

Re: Trespassing charges

No. And the key issue is that you were INVITED to the office for an appt (even if you called first).

And secondarily you were waiting to complete the very SAME transaction or issue for which you were invited.

For example, compare this to being invited to a car mechanic's to have your car fixed. You then pull out a cot and proceed to spend the night. You were invited to have your car fixed. You were NOT invited to spend the night.

In your case, not only were you invited to come to the office to see the doctor but THAT is precisely what you were still doing there, not something new or different.

Now, the trouble is that you cannot count on her telling the same story that you remember. So who knows what she will say?

But you will want to subpoena their appt records for that day. Naturally, you should get a good defense lawyer as well.

Now, staying past the time that they close might start to become and issue, and this probably how the receptionist will spin it.

I would also raise the question about whether the receptionist had authority on behalf of the doctor to do that. You were invited to see the doctor... not her. The doctor owns the practice and is in charge of the office.

While no doubt the doctor delegates responsibility to the receptionist, calling the cops is a rather extraordinary step, and I doubt that the doctor ever gave the receptionist authority to have his patients arrested.

So you would also want to subpoena the doctor, too, to come testify. At that point, the charges may very will be dropped.