Accused of unlawfully entering a property?
Trespassing is nothing more than willfully entering someone else's property without authorization. A verbal warning by a legal representative of the property owner, or a sign stating "Private Property" or "No Trespassers" is sometimes all it takes to be charged with this crime. Depending on the type of property and other circumstances, trespassing could be a misdemeanor or even a felony. It is also not uncommon for someone charged with trespassing to be prosecuted for additional crimes, which may require help from a Miami criminal defense attorney. There are, however, many ways that a determined attorney can defend your case.
If you were not correctly warned that you aren't allowed on a property, you cannot be convicted of trespassing. You can't be found guilty if you just made a mistake. Per the trespass statute, unless you ignored a lawful warning or refused to depart, a property owner or even the police do not have the right to take you into custody. At times, the legal definition of "trespass warning" becomes a key issue in a case. A legitimate disagreement between a merchant and customer or an argument in a bar does not necessarily mean that someone had the legal authority to give you a warning. There has to be a real instance of trespass in order for a legal trespass warning to be issued.
Our Miami Criminal Lawyer Explains Your Rights
If you were told to give your name, provide identification, to wait for the police to arrive or other similar actions and refused to do so, you were within your legal rights. You don't have a legal obligation to remain or give information if you have been told to leave. Our goal is always to bring your case to a positive result. If you were, according to the letter of the law, guilty of trespass, negotiation with the court can frequently bring about a successful conclusion to the charges against you. For more information, see Florida Statute 810.09: Trespass on property.
Part of successful criminal defense is a thorough understanding of what the law states regarding the particular crime you are accused of. At Seltzer Law, PA we take pride in our knowledge of Florida statutes, how they can be applied to resolve the charges you are facing and the excellent case results this has produced for our clients.
Contact a Miami criminal defense lawyer from our office today.