Should I press charges

[rlt152]

See - that's the problem. You "thought" you were unfairly taken advantage of when you were, in fact, not. It is your perception that is the problem.

Well now we are strictly getting into a matter of opinion, it is my opinion that I thought I was unfairly taken advantage of and I have every right to have that opinion. Now someone else may not have that opinion but it is my personal opinion.

 

[Zigner]

People can still file criminal charges even if no legal wrong occurs, it happens all of the time in our legal systems and sometimes they even make it to court and even win cases. Civil law does not require legal wrongs to happen in order for a case to be filed.

Ummm...no. Just no. You can make a complaint to the police...and they may even make a note of it, but if you make a complaint to the police about a civil matter, they will tell you that it's a civil matter. In any case, YOU can't "press charges".

If I really wanted to a probably I probably could have found a lawyer willing to file a civil suit, however it is very likely that it would not make it very far and thus it is not worth my time to do so. But it is still a legal option for me.

Have a go at it. I'm sure that, if you pay enough money, you can find an attorney to file any civil case you want. Attorneys need to pay for their boats too...

 

[Zigner]

Well now we are strictly getting into a matter of opinion, it is my opinion that I thought I was unfairly taken advantage of and I have every right to have that opinion. Now someone else may not have that opinion but it is my personal opinion.

That's what I said. You have the perception (likely based on a sense of entitlement) that you were wronged.

 

[rlt152]

Ummm...no. Just no. You can make a complaint to the police...and they may even make a note of it, but if you make a complaint to the police about a civil matter, they will tell you that it's a civil matter. In any case, YOU can't "press charges".

Sorry I meant civil and not criminal, I have since corrected it. Honestly I am over this and was really just looking to thank the people on here for their input and that I have moved on from it. I know that it is just one restaurant out of over hundreds in my area so I know that I still have many more options to eat at, I was just upset over the situation (as I had ever right to be)

Since this is my 5th post in 24 hours it will have to be my last for a little while

 

[cbg]

You are entitled to be upset. That doesn't mean you have any legal recourse. That doesn't mean that the restaurant's actions were in any way legally questionable.

 

[Highwayman]

People can still file civil charges even if no legal wrong occurs...

And they even get counter-sued when it should have been obvious to the plaintiff that there was no valid reason to sue to begin with.

 

[zddoodah]

People can still file civil charges even if no legal wrong occurs, it happens all of the time in our legal systems and sometimes they even make it to court and even win cases. Civil law does not require legal wrongs to happen in order for a case to be filed.

That's not entirely correct. The law requires that a plaintiff filing a civil complaint have a legal and factual basis and evidentiary support for the claims alleged.

If I really wanted to I probably could have found a lawyer willing to file a civil suit

Sadly, that's probably true (and it's certainly true that anyone can sue anyone for anything), but any lawyer filing suit would be violating the law and his/her ethical duties to the court.

 

[PayrollHRGuy]

People can still file civil charges even if no legal wrong occurs, it happens all of the time in our legal systems and sometimes they even make it to court and even win cases. Civil law does not require legal wrongs to happen in order for a case to be filed.

If I really wanted to I probably could have found a lawyer willing to file a civil suit, however it is very likely that it would not make it very far and thus it is not worth my time to do so. But it is still a legal option for me.

A legal option destined to fall and cost you not only time but also money to watch it fail.

 

[leslie82]

When I was at a restaurant tonight I was what I thought very inappropriately asked to leave over something they told me happened the last time I was there, which was not the case as I dined there only days earlier without any trouble. The person than said that I slamed the menu and was (as crazy as this sounds) yelling at it and that the waitress felt threatened and told him and that I had to leave because of it, which I think is next to impossible since he came over to me almost right after the waitress left and I know for a face that she was walking in another direction. What actually happened is that I very politely asked for a Coke as a drink and I than began to look at the menu whispering out loud what entries I may want to have. The only real thing I can think of was that there was a 2nd menu containing wines they had but since I don't drink wine I put it to the side but I did not slam it. I think that without real warning I was told to leave the restaurant or else he was going to call the police and I had no way to defend myself. I believe he was trying to get me out of there strictly on a false accusation. I also think that I was taken advantage of because I was there by myself, I think that if I was there with other people, and in particular if I was there with young children, they never would have acted that way. So what do you think do I have a case.

I'm not even sure what I read. You have no legal recourse for whatever happened here - as stated just find somewhere else to eat. At most you can leave a review about the place or complain to the manager.

 

[leslie82]

Thanks for all of the posts, I did contact a few lawyers today (including one who I went to high school with and knew me well) and they all basically said what you have said. I know it is going to be hard for me to accept the restaurant getting off scot-free but it is just something I will have to live with.

Also to the people who said that nothing illegal was done, well if it is a civil case than nothing illegal has to be done, if it caused harm to the client they can be sued (which is why I should have probably said something like file a lawsuit instead of press charges). But as you and a few lawyers told me I still don't have much of a case given that I was not physically injured in the event.

To the person who replied on my incident over a year ago, that involved drinking and a few other things so it was justified, although I should also probably mention that I was only kicked out of the indoor part and could have stayed on the outdoor part if I chose to. But I have since been welcomed back to the entire establishment, a local radio station routinely has free concerts there and I have been to at least 3 since the incident happened without any issues whatsoever.

Obviously this is not the outcome I would have liked but something I have to accept.

Getting off "scot free?" Free of what? They did nothing wrong.

You have no case - civil or criminal. You have issues you should examine and try to remedy.

 

[army judge]

If I really wanted to I probably could have found a lawyer willing to file a civil suit, however it is very likely that it would not make it very far and thus it is not worth my time to do so. But it is still a legal option for me.

A human being is free to spend his or her money on anything that strikes her/his fancy.

 

[PayrollHRGuy]

In this time of snowflakes, we are very close to "hurt feelings" being a crime. The OP seems to already be there.

 

[rlt152]

Getting off "scot free?" Free of what? They did nothing wrong.

You have no case - civil or criminal. You have issues you should examine and try to remedy.

Well by official legal definition anyone person/place/thing that gets off "scot-free" did nothing wrong because it was determined (by a judge, jury, settlement, ect.) that they did nothing wrong.

I think this is going to be my last post on this, I have gotten over it as best I can and it is time for me to move on. I'll be starting employment for the US Census very soon and I have to make sure not to let any personal opinions get in the way of that. But once again thanks to everyone for the responses and I actually learned a lot through this thread.