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ONTARIO11 · Jan 1, 2011, 02:16 PM

I was recently arrested for harassment and trespass by the Buffalo police. I was at the HSBC arena, and was escorted out by security and taken away by the police. They said it was because I was seen drinking out of a flask. I was placed in jail for a few hours and then released. I now have an "appearance ticket" for a court date of Monday Jan 3rd. Do I need to hire a lawyer, or am I just receiving a fine? I am Canadian, and am not familiar with American laws.
Thank You for your time,

ScottGem · Jan 1, 2011, 02:37 PM

Were you drinking from a flask? Did the flask have liquor in it? What does the appearance ticket say?

Fr_Chuck · Jan 1, 2011, 02:48 PM

Sorry something does not add up, harassment and tresspass? There was more going on except drinking from a flax.

Did you resist the security, did they have to get physcial, did you resist arrest ?

Normally if you were just drinking they escort you out and you leave, so tell us what really happened, to make them call first call the police and second come up with the additional charges

I would have an attorney if the police even wanted to talk to me and I always have an attorney when I go to court

ONTARIO11 · Jan 1, 2011, 02:49 PM

I did have a drink from a flask and it was liquor. I was not in possetion of a flask, just "seen" drinking from it. The appearance ticket says that I am to be in Court on Monday Jan 3rd at 9:30 am in connection with my alleged commission of harassment and trespass contrary to the provisions of section 240.26, and 140.05 of the penal law of the state of New York. They have also filled out my postal code wrong on the form. They were very rough with me, and so was security, although it still bothers me I don't really want to drag this out any longer, as it is a five hour drive for me to get to Buffalo.

ONTARIO11 · Jan 1, 2011, 03:01 PM

Security came and walked me out, as soon as I was out of the tunnel and near the food vendors, a bunch of them came and I was forced down the escalator, this is when I fell as they say, I believe I was pushed. I was told right away I was being arrested, that's when I got defensive and asked why. They were both very rough with me as I still have cuts on my wrists from the cuffs, and my finger the cop twisted still doesn't bend well. I did not have to wait for the cops as they were already at the venue, or they had called them previous to coming to collect me from my seat.

What should I do.. in Canada they have the free duty council, but as I don't pay taxes in America, I can't see them giving me free council. I am very nervous abou this as I have never been in trouble with the law before, and have no idea what to expect.

ScottGem · Jan 1, 2011, 03:10 PM

The applied 140.05 because they probably told you to leave and you didn't. I agree with Chuck that I don't think you are telling the whole story. Based on the harassment charge I suspect you were annoying people sitting near you to the point that they reported it to security. You refused to leave so had to be escorted out.

The appearance is probably for an arraignment. If you plead not guilty then a trial date will be set. Most likely the prosecutor will offer you a plea bargain.You can have an attorney appointed for you who can advise what the punishment might be.

Fr_Chuck · Jan 1, 2011, 05:33 PM

And you really don't want this on your record, it can seriously effect your getting jobs, the cost of things like car insurance, your ability to get loans and more.

I would most certainly have an attorney, and you will have to come to court at least twice maybe more for it