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Indiana Criminal Trespass Conviction Reversed for Banned Bar Patron on Sidewalk

An Indianapolis man’s conviction for criminal trespass was reversed by the Indiana Court of Appeals due to insufficient evidence. While drinking at a local bar, the defendant was asked to leave by security because he was caught smoking inside the bar. The man became irate and began yelling at security officers, prompting Indiana Criminal Trespasspolice to be called. Police arrived, removed the unruly patron, and told him that he was “trespassed” from the bar. However, after being removed, he was permitted to go inside and retrieve his coat and backpack after which the officer told him to “leave and never come back.” 

Less than five minutes later, the man returned and stood on the sidewalk directly in front of the bar. The officer asked the man to leave several more times and the man started yelling and screaming. He refused to leave and stated that he was getting information because he was going to sue the bar. He was then arrested for criminal trespass, a Class A misdemeanor, and other charges.

The defendant was found guilty at trial in Marion County for criminal trespass. The defendant appealed his conviction arguing that he was on a public sidewalk when he returned and not on the bar’s property. Therefore, he had not committed criminal trespass. The Indiana Court of Appeals agreed and reversed the criminal trespass conviction. The Court found that the State’s case relied on the allegation that trespass was committed by the man being directly outside the bar. However, the sidewalk outside was public property.

Thrown Out of a Bar? Defending Criminal Trespass Cases in Indiana

If you are removed from a bar and are subsequently arrested for criminal trespass, call Gibson Law Office at 855-9-GIBSON for a free consultation. Can the State prove that you were given a valid trespass warning? Were you actually on the prohibited property when you were arrested? Our criminal defense attorneys will meet with you for free to discuss your case and possible defenses. With offices in Lafayette and Fort Wayne, our attorneys defend criminal trespass cases statewide, including in Indianapolis.
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Posted: 5/9/2014 10:53:06 AM by Brett Gibson


 

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