Criminal Trespass: What Happens When You Are Asked To Leave a Bar In New Orleans
Posted on Nov 13, 2019 in Criminal Defense, Disturbing the Peace
In New Orleans, we know how to have a good time. People come from all over the world to join in our party atmosphere. New Orleans is a great place to cut loose, but it’s not the Wild Wild West. There are still rules and consequences, even in the Big Easy.
For example, if someone starts acting in a way that is disturbing others, or puts themselves or others in danger, there can be repercussions. Especially when this occurs at a privately-owned establishment, like a bar or restaurant, the offending party may be asked to leave. Just like a bar has the right to cut off a person who they believe has had too much to drink, a business has the right to ask a patron to leave if they are causing a disturbance.
Criminal Trespassing and Public Drunkenness
Sometimes one might refuse to leave the premises of a bar, restaurant, or other establishment after being asked to do so by an employee. Let’s be honest, alcohol has a tendency to sometimes make people… stubborn. Sometimes, the person may feel that they are being treated unfairly, and that they should not have to leave—and they may be right.
However, it is always best to leave an establishment promptly if you are asked to. If one refuses to leave of their own volition, the police may be called. If the police are called, they may charge the individual with criminal trespass.
Criminal trespassing is a misdemeanor charge. If the person is also causing a commotion and disturbing others or acting unreasonably, the officer may see fit to charge them with disturbing the peace or public drunkennesss.
Disturbing the peace, public drunkenness (or public intoxication), and criminal trespassing are misdemeanor charges. In this context, they fall under what we refer to as “party crimes.” Party crimes are some of the most common misdemeanors handed out in New Orleans.
Misdemeanor Party Crimes In New Orleans
With charges like criminal trespass, public drunkenness, and disturbing the peace the officer will make a call as to whether the person’s actions are in violation of the law. The officer may ask them to submit to a blood alcohol test, but even if they do not, or if the person refuses the test, they could still be charged.
When someone is charged with a misdemeanor party crime, they may be arrested and taken to jail and booked. Alternatively, they may not be arrested, but issued a summons instead, for which they will later have to appear in court. Again, it is up to the officer to assess the situation and act accordingly based on their own judgement.
If you are approached by New Orleans police, especially if you have been drinking, you should answer questions honestly and respectfully, and not give them any reason to engage with you more than necessary.
Lewd Conduct In New Orleans
Another common party crime in New Orleans is a lewd conduct misdemeanor. Lewd conduct can be charged for exposing breasts or genitalia in public. One of the most common ways to get charged with lewd conduct is by urinating in public.
We get it. Sometimes you just got to go! However, we get way too many calls from people who thought they were being discreet, peeing in an alleyway or out of sight, only to be caught and charged with lewd conduct. Many bars in the quarter don’t offer public restrooms, or only allow paying customers to use their restrooms.
Especially during Mardi Gras season or Festivals, it can be hard to fight the crowds and find somewhere to go. During these times, the city usually provides Porta-Potties in neutral zones or public spaces. Look for those or find a bar to use the bathroom, even if it means buying a drink. You’ll be glad you paid a few bucks for a beer instead court fine or bail bond.
Bloom Legal Encourages You To Celebrate Responsibly
At the end of the day, if you are asked to leave a bar or business—just leave. Even if you don’t think you’re in the wrong, it’s not worth the trouble. And guess what? This is New Orleans, which means there’s always somewhere else right around the corner where you can keep the party rolling!
If you have been charged with a misdemeanor party crime, like criminal trespass, public intoxication, disturbing the peace, or lewd in public, give Bloom Legal a call. Bloom Legal helps locals and tourists alike deal with misdemeanor charges in New Orleans. We can help get you or your loved one out of jail if necessary. Wel will fight to get your charge dismissed or reduced in courts.
Bloom Legal understands that everyone makes mistakes, and we don’t think you should have to pay for having too much to drink. Give us a call today for a free consultation, and we’ll tell you how we can put this mistake behind you!