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Trespassing at Hotel Near LAX, Airport Court, No File
Our client, age 40, was arrested by the Los Angeles Police Department at the Sonesta Hotel near LAX after she implored hotel staff there to help her find her son, age 17, and staff refused, making her extremely angry. The staff told her to remove herself from the lobby, as she was causing a scene, she refused, and she was soon arrested.
The client, her husband, and her three children were in Los Angeles from New Jersey for a few days to attend a wedding in the Los Angeles area.
The day after the wedding, our client’s son went to the hotel’s pool and started talking with another guest about his ambitions of joining the U.S. military. The other guest did not realize the young man was only 17 and had not yet graduated from high school (or did and did not care) and purchased him a beer as the two chatted by the pool.
Our client saw her son chatting with this other man and knew her son was drinking a beer, but she knew her son was very mature for his age and would not allow the alcohol to affect his better judgment. Moreover, our client was drinking, too, on the other side of the pool patio area and did not want to interrupt her son’s conversation. She wanted him to enjoy meeting another person and trusted him.
At some point, our client returned to her hotel room and showered. She then started watching television and before she knew it, two hours had passed.
She then realized her son had not returned to the hotel room and panicked. She went down to the hotel pool and did not see her son anywhere. She asked the hotel staff if anyone had seen her son. She called his cell phone and there was no answer.
As it turned out, her son had returned to the hotel room moments after our client had left to find him. The two probably only avoided each other by using different elevators.
Our client asked the hotel staff to watch review the security camera footage taken of the pool area, as she was quite worried where her son was. She called her husband, who was away from the hotel with the couple’s other two children, but he did not answer his phone, either.
The hotel staff advised our client that they could not use the hotel security video cameras for such a purpose and this enraged our client. Her Middle Eastern accent, especially when she was emotional, suggested an attitude of entitlement and that she was used to being treated with extreme deference. Combined with her anxiety and refusal to leave the hotel lobby area, the hotel staff called 911.
The Los Angeles Police Department then showed up and our client explained that she was a paid guest at the hotel and that the hotel staff refused to help her find her son. The police told our client to leave the hotel lobby area because she was making a scene and the hotel staff could not help her.
Our client refused to leave and was then arrested. She was removed from the hotel and taken to the Los Angeles Police Department, Pacific Division, where she was fingerprinted, booked and held while she sobered up.
While at the police station, she was able to finally contact her husband who told her their son was in the hotel room and was fine, if just a little drunk.
The client’s husband, in his mid-60’s, then went to the Pacific Division L.A.P.D. station and the police released the client to him. However, before she was released, she signed a promise to appear at the Los Angeles County Superior Court, Airport Courthouse, in about two months.
Once the couple returned home to New Jersey, the client’s husband called Greg Hill & Associates to discuss his wife’s arrest and the criminal case. The husband described what had happened and asked Greg what he could do and what he thought would happen to his wife.
Greg candidly stated that he did not expect the Los Angeles City Attorney’s office to file the case. After all, the client was lawfully on hotel property and the issue really was not trespassing, but disturbing the peace by the client being loud because she was concerned about her son, but the hotel staff was dismissive of her.
Greg explained that for trespass to be found, the prosecution must show that someone is on the property of another without permission and interferes with the owner’s property interest in a substantial way. Here, the client probably did not cause any significant loss of income to the hotel, although she certainly may have caused someone to avoid the lobby because our client was so loud and emotional.
Nonetheless, Greg acknowledged, the police may have noted that the client smelled of alcohol and thus, it could be argued that her judgment was affected by alcohol. Consequently, Greg recommended that the client attend at least ten Alcoholic Anonymous (AA) meetings prior to the arraignment, as the case could instead be brought for public intoxication.
Greg also requested that the client provide him with a current resume as well, if she had one. Her husband explained that his wife worked on weekends at a bridal boutique in New Jersey, near their home.
Greg explained that he would write a letter to the Los Angeles City Attorney’s office suggesting a no file, or at most, an office hearing because the client really did not commit trespassing.
The client then retained Greg Hill & Associates and Greg prepared and mailed the letter to the Los Angeles City Attorney’s Office. No response was provided.
The client, her husband, and her three children were in Los Angeles from New Jersey for a few days to attend a wedding in the Los Angeles area.
The day after the wedding, our client’s son went to the hotel’s pool and started talking with another guest about his ambitions of joining the U.S. military. The other guest did not realize the young man was only 17 and had not yet graduated from high school (or did and did not care) and purchased him a beer as the two chatted by the pool.
Our client saw her son chatting with this other man and knew her son was drinking a beer, but she knew her son was very mature for his age and would not allow the alcohol to affect his better judgment. Moreover, our client was drinking, too, on the other side of the pool patio area and did not want to interrupt her son’s conversation. She wanted him to enjoy meeting another person and trusted him.
At some point, our client returned to her hotel room and showered. She then started watching television and before she knew it, two hours had passed.
She then realized her son had not returned to the hotel room and panicked. She went down to the hotel pool and did not see her son anywhere. She asked the hotel staff if anyone had seen her son. She called his cell phone and there was no answer.
As it turned out, her son had returned to the hotel room moments after our client had left to find him. The two probably only avoided each other by using different elevators.
Our client asked the hotel staff to watch review the security camera footage taken of the pool area, as she was quite worried where her son was. She called her husband, who was away from the hotel with the couple’s other two children, but he did not answer his phone, either.
The hotel staff advised our client that they could not use the hotel security video cameras for such a purpose and this enraged our client. Her Middle Eastern accent, especially when she was emotional, suggested an attitude of entitlement and that she was used to being treated with extreme deference. Combined with her anxiety and refusal to leave the hotel lobby area, the hotel staff called 911.
The Los Angeles Police Department then showed up and our client explained that she was a paid guest at the hotel and that the hotel staff refused to help her find her son. The police told our client to leave the hotel lobby area because she was making a scene and the hotel staff could not help her.
Our client refused to leave and was then arrested. She was removed from the hotel and taken to the Los Angeles Police Department, Pacific Division, where she was fingerprinted, booked and held while she sobered up.
While at the police station, she was able to finally contact her husband who told her their son was in the hotel room and was fine, if just a little drunk.
The client’s husband, in his mid-60’s, then went to the Pacific Division L.A.P.D. station and the police released the client to him. However, before she was released, she signed a promise to appear at the Los Angeles County Superior Court, Airport Courthouse, in about two months.
Once the couple returned home to New Jersey, the client’s husband called Greg Hill & Associates to discuss his wife’s arrest and the criminal case. The husband described what had happened and asked Greg what he could do and what he thought would happen to his wife.
Greg candidly stated that he did not expect the Los Angeles City Attorney’s office to file the case. After all, the client was lawfully on hotel property and the issue really was not trespassing, but disturbing the peace by the client being loud because she was concerned about her son, but the hotel staff was dismissive of her.
Greg explained that for trespass to be found, the prosecution must show that someone is on the property of another without permission and interferes with the owner’s property interest in a substantial way. Here, the client probably did not cause any significant loss of income to the hotel, although she certainly may have caused someone to avoid the lobby because our client was so loud and emotional.
Nonetheless, Greg acknowledged, the police may have noted that the client smelled of alcohol and thus, it could be argued that her judgment was affected by alcohol. Consequently, Greg recommended that the client attend at least ten Alcoholic Anonymous (AA) meetings prior to the arraignment, as the case could instead be brought for public intoxication.
Greg also requested that the client provide him with a current resume as well, if she had one. Her husband explained that his wife worked on weekends at a bridal boutique in New Jersey, near their home.
Greg explained that he would write a letter to the Los Angeles City Attorney’s office suggesting a no file, or at most, an office hearing because the client really did not commit trespassing.
The client then retained Greg Hill & Associates and Greg prepared and mailed the letter to the Los Angeles City Attorney’s Office. No response was provided.
About two months later, Greg appeared in the Airport Courthouse for the client’s arraignment. He was told by the Los Angeles City Attorney’s Office that no case was filed. The client was greatly relieved.
