Can I be charged with trespassing if I rented a poolside hotel room andwas in the common pool area after posted hours?

UPDATED: Jan 3, 2011

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Can I be charged with trespassing if I rented a poolside hotel room andwas in the common pool area after posted hours?

I was staying at a hotel in SD. I had rented a poolside room with a sliding glass door accessing the common pool area. I was sitting in the pool area after posted hours and was arrested for trespassing after notice 22-35-6. This seems extreme to me. Is this right and what consequences will I face at my mandatory court date? Should I speak with a criminal law attorney? In Yankin, SD.

Asked on January 3, 2011 under Criminal Law, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It does seem extreme, but is probably technically correct--while you were a guest at the hotel, if you were there after posted hours with notice of those hours and the impropriety of being there then, you were in fact trespassing. The odds are good that if there was no damage or injury to anyone, you weren't doing anything improper at the time, and you have a clean record, that the matter will either be dismissed (best case) or that you will get a very light punishment (e.g. a fine) to a very minor charge. That said, all criminal prosecutions should be taken seriously and you are advised to retain an attorney to advise and represent you. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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