Legal Question in Criminal Law in Florida
Is going back to a place after received trespass warning after accused of theft to collect evidence to prove innocence of the theft charge a valid defense for being arrested for trespassing.
My son was banned from Walmart after accused of theft. When he exchanged an item at customer service and the lady never gave him a receipt. He went back to the store a short time after to collect evidence to prove innocence My son went to get the receipt from the customer service department and asked for a copy of the camera footage to prove he did not steal. but, he was arrested for trespassing. Is this a valid defense?
1 Answer from Attorneys
It's certainly could be a defense. However that might be something for a judge or jury to decide. I would suggest talking to your attorney about the best strategy to fight this.
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