A trespass can be either civil or criminal in nature. Trespassing refers to the act of entering or remaining on someone else’s property without lawful authority to do so.
Civil Trespass = You cannot return to the property or you will be arrested. Get out. You are banned, but not under arrest (if you comply and leave). This will not give you a criminal record.
Criminal Trespass = You have been told to leave and have not done so – or you have returned after being issued a civil trespass warning previously. You are now under arrest and will be taken to jail. This will give you a criminal record!
Anyone who owns private property in Florida can ban a person from their property for any reason. In cases, like theme, parks or other businesses, the entity has designated people to act on the property owner’s behalf, who have the authority to authorize my enforcement to issue a trespass warning to anyone they want kicked off the property. For example, at my law firm, my office manager has been designated this authority. At Disney and Universal Studios, security personnel have similar designated authorities.
If you are throwing a party at your house, and somebody is being unruly and refuses to leave. You can call the police and the police will issue them a trespass warning. Unfortunately, the police will not issue a trespass warning to the person, unless that person is actually on the property when the police arrive. Furthermore, you will have to prove that you are either the owner of the property or you have a lawful lease for the property.
We help defend people who are arrested and/or trespassed from popular theme parks in Orlando, like Walt Disney World and Universal Studios. If your case involves one of those, please on which in one of the two boxes below:
|Walt Disney World||Universal Studios|
This offense occurs when an individual willfully enters or remains in a place or on a property without being authorized, licensed, or invited to do so.
It is also considered trespass to refuse to leave a property or conveyance (conveyance means car, bus, train, plane, etc.) after being requested to do so by the lawful occupant or person in control of the premises.
This offense applies to trespassing on property other than structures or conveyances, such as land, yards, or open areas.
It involves knowingly entering or remaining on the property without lawful authority to do so, after being warned against trespassing by the owner or authorized person.
Getting trespassed from property or being issued a trespass warning is just something that is maintained by the local law-enforcement agency. This is not something that results in any kind of criminal history to you and it should not appear on any major background check. Generally speaking, it is safe to assume that a civil trespass warning will not affect employment or security clearances or anything like that.
In Florida, the crime of trespass after warning is a specific offense that applies when an individual knowingly enters or remains on a property after being warned against trespassing by the owner or an authorized person.
Under this statute, if a person receives a warning against trespassing either orally or in writing from the owner or authorized person in control of the property, they are required to leave the property immediately. If the person refuses to leave or subsequently reenters the property without authorization, they can be charged with trespass after warning.
In my experience, I have had couples actually arrested on theme park property, because they refused to leave quick enough, which is ridiculous. Some of the security and law enforcement officers here locally in Orlando can really abuse their authority and discretion, and ruin vacations for families who are contributing to our local economy.
The warning against trespassing serves as notice to the individual that their presence on the property is not allowed and that they are required to leave. The warning can be given in various forms, including verbal communication, a written notice, or through the display of signs indicating that trespassing is prohibited.
Trespass after warning is typically classified as a misdemeanor offense in Florida. The specific classification can vary based on factors such as the location of the trespass and whether the person was armed during the offense. Generally, a first-degree misdemeanor carries penalties of up to one year in jail and/or fines of up to $1,000. However, repeat offenses or aggravating circumstances can lead to more severe penalties.
Generally speaking, unless you have a significant criminal history, these charges will usually be resolved with a fine and court costs. However, we frequently get them completely dismissed. No matter what happens as far as a resolution in a criminal case, you will want to try to get any criminal record, sealed or expunged off your record.
While no lawyer can guarantee an outcome or result, all we can do is promise to fight for you to try to get the criminal charges dismissed, and the civil trespass against you lifted.
Aerial View Downtown Orlando, Florida
It is important to note that the specific application and penalties for trespass after warning may vary depending on the circumstances and the jurisdiction in which the offense occurs. It is advisable to consult the relevant statutes and seek legal advice for accurate and up-to-date information on trespass after warning laws in Florida.
The severity of trespass offenses can vary based on factors such as the location of the trespass, whether the trespasser was armed, or if there was intent to commit another offense while trespassing. Penalties for trespassing offenses can range from misdemeanor charges to felony charges, depending on the circumstances and prior criminal history of the offender.
It is important to consult the specific statutes and seek legal advice for accurate and up-to-date information on trespass laws in Florida, as the statutes and penalties may be subject to change.
We are Orlando Trespass Lawyers and we would happy to answer any questions you have regarding being trespassed or being arrested for trespass in Florida. 407-344-4837.
Fill out the form below for a free evaluation of your case.