Things can get rowdy in nightclubs. In fact, it is almost expected. However, remaining in such an establishment if someone with the authority to do so asks you to leave is a form of trespassing, and a conviction can lead to legal penalties and fines. If you are facing charges of trespassing at an Orlando nightclub, you should consider seeking the help of an experienced attorney at The Umansky Law Firm.
Entering or remaining in a nightclub without permission to do so can result in legal trouble. For example, if you do not have an ID on you that proves your age, if the establishment recognizes that your ID is fake, or if the person at the door determines that you are too intoxicated to enter, they may deny you entrance. To sneak in or otherwise gain entrance without permission is a form of trespassing.
If you have gained entrance to an Orlando nightclub legally but things go wrong once you are inside, remaining in the club after being told to leave is also trespassing. If the reason you have been asked to leave is that you started or participated in a fight, you could face additional charges, such as assault and battery.
Common reasons for requesting that a patron exit the club include bothering other patrons, getting too loud, causing a commotion of some kind, or pestering the staff. Businesses throughout the nation have the right to refuse service for an array of reasons, and patrons who do not comply can face trespassing charges.
State law defines trespassing as willfully entering a structure, such as a nightclub, without authorization or refusing to leave once the right to be there has been revoked. If the club’s manager, owner, bouncer, or another employee with the requisite authority asks you to leave, you must do so or potentially face a trespassing charge.
Nightclub staff have the authority to direct people to leave the premises for any of the following reasons:
Whatever the reason, however, the nightclub is responsible for giving anyone they want to leave a warning. If the venue’s staff or ownership asks you to leave, this request is your warning. If you are never asked to leave or are denied entrance and never enter the club, the charge of trespass is unlikely to apply.
Once someone with authority asks you to leave, it is your responsibility to make your way out of the nightclub relatively quickly. This means gathering your things and exiting the establishment.
If someone in your group asks you to leave or another customer tells you to leave, you do not need to comply. Only when someone with authority and affiliation with the nightclub requests that you leave are you required to follow their instructions.
If an Orlando nightclub accuses you of trespassing, saying you were unaware that you did not have the right to be there is very unlikely to hold up when you were specifically asked to leave. If you did not receive adequate warning, however, or if you had no way of knowing that the person who asked you to leave worked for the club, this could help bolster your defense.
Most charges for trespassing in Orlando nightclubs are second-degree misdemeanors. Convictions carry jail sentences of up to 60 days and fines of up to $500.
If you are dealing with accusations of trespassing at an Orlando nightclub, a persuasive criminal defense attorney at The Umansky Law Firm could help. We are well-prepared to handle the trespass charge against you and seek the resolution that best protects your future and freedom. The outcome of your case is important, so reach out today to discuss your options.
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