Legal Question in Criminal Law in Georgia

Why was arrest made for ''criminal'' trespassing?

I am in an absolute state of shock and disbelief that my 19 year old daughter (a UGA student) and her 18 year old female friend were arrested for criminal trespassing this morning because they were in a hot tub at an apartment complex where they were not residents. These are above average good girls who have never been in trouble. Had the security guard (an off-duty police officer) simply asked them to leave, they certainly would have. He did not give them that opportunity. Instead, they cried and begged him for one hour to not arrest them, telling him they had never even had a speeding ticket! Instead, he had a police officer come and take them to jail -- where they were put into a cell, photographed and finger printed! Our families are not familiar with any sort of criminal law. In fact, we didn't even know how to get to the jail. I think this was an abuse of power used by the police. Please help. My husband and I are Christians and Sunday School teachers. Our daughter and we are upset beyond words. Thank you very, very much.


Asked on 5/08/06, 12:55 pm

2 Answers from Attorneys
Billy Tomlinson Tomlinson & Associates, LLC

Re: Why was arrest made for ''criminal'' trespassing?

It was tacky but legal provided the apartment had a sign posted about the facilities being for residents or their guests only. Your best route is to get an attorney in the Athens area.

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Answered on 5/08/06, 1:54 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Why was arrest made for ''criminal'' trespassing?

The act you described is a crime. See a criminal lawyer in the Athens area. He will check to see if all the elements of the crime exist. If they do, he may be able to, especially with a first offender, work out a disposition that would avoid a criminal record or serious consequences.

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Answered on 5/08/06, 7:38 pm


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