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jfarbe1 · Mar 5, 2008, 12:36 PM

Recently I was going to the train station in NYC w/ my girlfriend who had had too much to drink. She ran into the Public women's restroom and was very sick and throwing up in the stall. I waited outside the door but she was calling for me to help her. I waited till no one was in the restroom but her and went into the stall to try to help her and get her out of there. Next thing I know, I am being grabbed by a police officer, handcuffed, put in a holding cell and given summons' for Trespassing (140.05) and Disorderly conduct.

Have to go to court tomorrow so was wonderinging...
Was I actually trespassing if a) it's a public bathroom and b) my presence was requested in there?
And what are the penaltys for these two summons

ScottGem · Mar 5, 2008, 12:40 PM

Hmm, I'm not sure whether trespassing is the right charge there. A man entering a woman's restroom might be charged with a number of things, but trespassing??

If your girlfriend can testify that she was calling for your help and was alone in the restroom, I think a judge is going to throw the ticket out.

jfarbe1 · Mar 5, 2008, 12:45 PM

Thanks for your speedy response.Thats what I thought but I hope your right! My girlfriend is going with me tomorrow so hopefully this will help. By the way, if the trespass gets thrown out, does that make the disorderly conduct merritless also or are they totally separate things?

ScottGem · Mar 5, 2008, 12:51 PM

In this case, since the disoderly conduct is your entering the restroom, then I think it would be thrown out also. I think you ran across an over zealous cop or one needing to fill a quota (of yes quotas don't exist, yeah right!).

topladyj · Mar 5, 2008, 12:52 PM

Let us know what happened this is a crazy charge.

jfarbe1 · Mar 5, 2008, 01:02 PM

Sorry to keep hounding on this, but last question... As I'm going in without a lawyer (damn those guys are expensive), I was told by a friend that during the case if I feel things are over my head or not going the way I expected I can ask for an adjournment to come back with a lawyer. Is this true and if so is there a certain point in which I have to request this or can I do it at any time through the proceedings?

Again thanks so much for your info.

ScottGem · Mar 5, 2008, 01:23 PM

Yes, you can request a continuance while you seek legal counsel.

Fr_Chuck · Mar 5, 2008, 04:11 PM

The issue is what exactly is contained in your states laws for criminal tresspass. For example criminal tresspass in Georgia includes minor theft charges under 500 dollars

And while I don't want to argue, if she had been drinking that much, I would assume you were also, and most likely there was more to what happened than what was explained. Or at least the officer will have a much different story.

Normall for criminal tresspass, he would have had to ask you to leave ( one time) and you did not go, then it is a criminal tresspass, I have given criminal tresspass tickets to people in parking lots, to people in libraray, to people standing on the sidewalk..

So yes I can see it happen very easy. As for the disorderly conduct, I would bet that activity explains the criminal tresspass, often it is called writing all you can for the perosn who caused you trouble.

And remember if you go to court, it will basically be your word against a police officers word.

JudyKayTee · Mar 6, 2008, 06:51 AM

Originally Posted by Fr_Chuck

The issue is what exactly is contained in your states laws for criminal tresspass. For example criminal tresspass in Georgia includes minor theft charges under 500 dollars

And while I don't want to argue, if she had been drinking that much, I would assume you were also, and most likely there was more to what happened than what was explained. or at least the officer will have a much different story.

Normall for criminal tresspass, he would have had to ask you to leave ( one time) and you did not go, then it is a criminal tresspass, I have given criminal tresspass tickets to people in parking lots, to people in libraray, to people standing on the sidewalk..

So yes I can see it happen very easy. As for the disorderly conduct, I would bet that activity explains the criminal tresspass, often it is called writing all you can for the perosn who caused you trouble.

And remember if you go to court, it will basicly be your word against a police officers word.

I was thinking the same thing - an intoxicated couple in the ladies room and he gets arrested - hmmm! Should make for some very interesting Court testimony.

ScottGem · Mar 6, 2008, 07:02 AM

Well I was more willing to give the benefit of the doubt. If the story is as the OP told it, then it should be dismissed. However, we do only know his side of it. What the ticketing officer testifies to may be another matter.

jfarbe1 · Mar 7, 2008, 08:13 AM

Hey all,

Just wanted to let you all know the results as I had to go to court yesterday for it.
First of all, Fr_chuck just fyi, no in fact there wasn't much more to the story than what I had explained, and no, no one had ever asked me to leave a first time. I don't know why I would come on this website asking for help with my situation and leave out key information that could be crucial to the help given. So thank you ScottGem for the benefit of the doubt.

I walked into court yesterday and almost as soon as I walked in there, all charges were dropped and the case dismissed. Really couldn't have gone much better (I was really expecting the worst for the past week) so what a relief.

Thanks again

ScottGem · Mar 7, 2008, 08:35 AM

Glad to hear it.

JudyKayTee · Mar 7, 2008, 09:04 AM

[QUOTE=jfarbe1]Hey all,

Just wanted to let you all know the results as I had to go to court yesterday for it.
First of all, Fr_chuck just fyi, no in fact there wasn't much more to the story than what I had explained, and no, no one had ever asked me to leave a first time. I don't know why I would come on this website asking for help with my situation and leave out key information that could be crucial to the help given. So thank you ScottGem for the benefit of the doubt.

I walked into court yesterday and almost as soon as I walked in there, all charges were dropped and the case dismissed. Really couldn't have gone much better (I was really expecting the worst for the past week) so what a relief.

Glad it worked out for you -

And people come on all the time and leave out very crucial information (or post on another thread with the true facts) so that's where Fr Chuck and I were coming from - I don't understand it either!