A security Guard in Virginia was rude to me. He came up to me and grabbed my food out of hand, then threatened to mace me if I did not put my hands behind my back. I was not causing trouble and I had previously been told at the restaurant to leave, but was never told I could not come back. The Guard called police and I was arrested for trespassing. The guard gave me a warning for trespassing right as the police arrived. How could this stand in court since he just gave me the warning and I felt as if I was assaulted?
No one can advise you on this over the internet because the attorney would need to see the police report and get more info. But, from a generic stand point, in VA you need to put a person on notice that they are not welcome before you can perfect a tresspassing. So, it will come down to the testimony and the details of the first encounter.
This advice is generic and not designed to substitute for consulting an attorney. Nothing in this response is designed to establish an attorney-client relationship with the requester.
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