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if you never leave a public building, can you still be arrested for criminal trespassing?
Joliet, IL
Viewed 23 times.
Posted 29 days ago in Criminal Defense
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If you are ask to leave and escorted out of a public building by an inhouse security officer. the security officer escorts you to the stairs but never out the door. while walking down the stairs he explains if you ever return you will be arrested for trespassing. when you get down to the foot of the stairs, you are not outside the building and decide since the security guard was a smart ass you want to say good bye to him to be a smart ass back. so you go up the stairs and he detains you until the propper authorities arrive to arrest you for criminal trespassing. Are you still trespassing if you never left. And if they are kicking you out should they not escort you completely off the property, especially when you are drunk?
Answers (2)
Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 29 days ago.
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Under the circumstances you describe in your facts, you went back up the stairs instead of exiting. Under typical treapassing law applicable in NJ and the other States with which I am familiar, this would constitute 'remaining in a place, knowing you were not licensed or privileged to do so, after being verbally instructed to leave'. Discuss this type of action on your part with a lawyer licensed in IL to determine whether the defense you are contemplating will work in IL. In addition (and in general), being drunk is not a defense unless it constitutes involuntary intoxication, which you should also discuss with the IL lawyer. Good luck.
DISCLAIMER: I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. 
Edward Jerome Blum
This attorney is licensed in California.
Posted 28 days ago.
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I don't practice in IL. Yes. Once your permission to be in the building was withdrawn you can be charged with trespassing.
Edward J. Blum |
