Property Invasion, Damages, Trespass How to fight a misdemeanor criminal trespassing charge in the second degree? Arizona

[luciddestinyy]

I have been charged with criminal trespassing in the second degree in Tempe, Arizona and have decided to set it for trial. This is what happened on the incident and what I stated in the police report:

I was kicked out of a bar by a bouncer.

My purse remained at the bar which had all of my money, ID and cell phone.

The bouncer refused to help me retrieve my purse or to call the manager.

I am a small female and felt it was unsafe to leave the establishment alone without my personal belongings.

I have trial set for tomorrow and was unable to afford a lawyer.

Does anyone have any advice for an argument to fight a trespassing charge where the person may have trespassed due to anxiety and fear? If hypothetically, it was the case that someone ran back into a bar to try to retrieve their belongings after being kicked out? Where that person was fearful for their safety if they left the bar without these belongings and also worried that these belongings could be stolen?

Any advice or help with this matter would be greatly appreciated!

 

[army judge]

Trespass by fear, nope, that dog won't hunt.


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[mightymoose]

If what you say is the whole story then you may stand a good chance for dismissal.
Going to trial means that the bouncer and other involved parties need to show up to court and they may not do that.
Their refusal to give you your property or allow you access to it does not help their complaint against you.
Ideally you should have called and gotten police assistance to recover your property, but no reasonable person would expect you to walk away and leave your valuables in a bar where they could easily be stolen.
Perhaps there is a little more detail than you shared, because as you describe it I find it silly that you were cited for trespass.