You are in Orlando for a night out with friends or family. Perhaps you live here, or perhaps you are on vacation. After spending time at Universal Studios you go to a nightclub or two to unwind. You visit the Hard Rock Cafe, the House of Blues or some other club and have a few drinks. Just maybe, you have one too many. Suddenly, a cop stops you and places you under arrest.
DUI and related charges are serious; unfortunately, they may be accompanied by other charges that can damage your reputation. A charge that is commonly issued alongside alcohol-related charges is trespassing. This offense may seem like a minor action, but it is taken seriously by Orlando police. If you face a trespassing charge anywhere in Central Florida, contact our law firm.
Criminal trespass is committed when a person enters a property when he or she knows he or she does not have the right to enter or stay there. Staying on another’s property after learning that you have no right to be there and are no longer welcome is also considered criminal trespass.
There are two types of criminal trespassing charges in the Florida Statutes: trespassing in a structure or conveyance and trespassing on property other than a structure or conveyance. This crime can take place on either public or private property. It is important to note that you do not need a verbal warning that the property is off-limits. To understand the charges against you, it’s best to discuss them with an Orlando trespassing defense lawyer.
Refusing to leave or returning after you have been told to leave are actions that may be considered criminal trespassing, even if you didn’t break any other laws. If you become rowdy and get kicked out of a club, bar, or restaurant and come back later, you can be arrested. This is a surprisingly common scenario as many people attempt to return to an establishment to regroup with their friends or family members. If you get arrested for returning to a property after being asked to leave, you should address the situation with an experienced lawyer.
The types of consequences you are facing on a trespassing charge depends on where you were allegedly trespassing. The circumstances surrounding your alleged trespassing may also enable the prosecutors to enhance the charges, leaving you facing more serious penalties:
Second-degree misdemeanor:
First-degree misdemeanor:
Third-degree felony:
There may be one or more defenses to your case depending on the details. Some trespassing defenses may be:
It’s important for a defense attorney to review the facts of your case as soon as possible after your arrest. The sooner a lawyer gets involved, the better the results may be.
Of course, re-entering a bar or nightclub after you have been kicked out is not the only path to being charged with trespass without warning. Regardless of why you were charged with this crime, you can turn to our law firm for help.
It may be hard to believe that you committed a crime such as trespassing, but you must understand that the charges are serious and you have the right to fight them. You deserve a second chance. At The Umansky Law Firm, our criminal defense attorneys have represented Central Florida residents for over 20 years, and are still committed to giving second chances to clients in Orlando and throughout central Florida. With over 100 years of combined experience, we have helped thousands of Central Floridians.
Our Orlando trespassing lawyers are active in the legal community. Attorney William D. Umansky is a member of the Orange County Bar Association’s Executive Council and a member of the Florida Criminal Justice Association. Get a free case review from our Orlando trespassing attorneys. We are available anytime, day or night. Contact us online today.
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