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Criminal Trespass laws
Anonymous9 views2 answers
While visiting My Sister in law in Icu at Good Shepard Hospital in Longview Texas With her two daughters I was asked to leave by a nurse for me questioning the medications not being given to my sister. I asked for security to come because My nieces who I had guardian ship over wanted to see their mother wehn I was asked by security to leave I waited till My nieces saw their mother Then proceeded to leave with my nieces and being followed by security I asked them why they were following me they said that they felt i was a danger to the public on the elevator The elevator I exited an was tackled vy security while leaving And charged with criminal Tresspass.... IS this legal
Here is the law on Criminal Trespass in Texas that is relevant to your situation:
Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
Technically, you were in the building of another and you were told to leave. It is possible you violated the law. On the flip side of this, whoever your attorney will be will likely have a very strong argument that you were in the process of leaving. The prosecutor will also likely have some sympathy considering the circumstances of the children visiting their mother.
I would strongly suggest you retain the services of an attorney to try and get this matter resolved for you.
I agree with Mr. Tuthill.
In general, when you are asked to leave a place (that does not belong to you), you must comply immediately. You cannot wait for whatever reason you think is legitimate. That said, it is highly likely that you can file a sympathetic ear to your plight - that a prosecutor would understand why you acted as you did -both in questioning treatment & in remaining for the children to visit. That said, if you created a scene - raised your voice or got in any manner aggressive regarding your questions, then the hospital would have a legitimate concern that you were bothering, and possibly harming, others in ICU with your behavior. This would cause a prosecutor to be less sympathetic (unless you have a good lawyer to speak on your behalf about how stressed your were or how you were strongly affected by the situation with your sister-in-law, etc.)
It is legal for someone to ask you to leave premises really without any cause. It is legal to arrest someone who refuses to leave after being asked - even if they stay only a short time. (They do have to have time to leave once asked.)
As far as tackling - law enforcement is allowed to use the force necessary. Sounds like they went way overboard to say the least. However, even if they were wrong in their actions, it does not justify or take away from whether or not you were trespassing.
