Legal Question in Criminal Law in Florida

Bought 12 pack of Bud Light with cash, receipt given, then tried to exchange for regular Budweiser, store clerk refused. Did the exchange myself and walked out. Store clerk called Police and was temporarily restrained in handcuffs until my receipt was verified. Store clerk reported that I had stolen the item. A notice to appear for trespassing was issued. Question: How can I be given a ticket for trespassing on a public property as a result of the alleged criminal event? ...and isn't he responsible for falsely accusing me of stealing when in fact I purchased an item and made an exchange for a different item selling for the exact same price? Do I have any legal or actions I can take against the clerk or store as a result of this false accusation? Thank you.


Asked on 1/26/10, 9:48 am

2 Answers from Attorneys

Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

You are being charged with trespass because the store clerk probably told the officer that when he refused to exchange your item he told you to leave and you refused to do so. The gas station or convenience store is not public property.

The clerk is only guilty of making a false report if he knew that the accusation was false when he made it.

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Answered on 1/31/10, 10:58 am
Craig Epifanio Craig Epifanio, P.A.

To follow up with your question further, the answer is no you did not have the right to make the exchange regardless of the trespass. What may seem like a good idea to you since he is out nothing, is not a good idea without his permission. You contracted to buy Bud Light, not Budweiser, and therefore theft of property that is not yours. Theft only requires a temporary deprivation of property; so from the moment you took it, it was a temporary deprivation and by putting the Bud Light back, you have abandoned that property. Of course common sense and good business sense should allow you to do what you did, but the store doesn't have to if it doesn't want to.

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Answered on 1/31/10, 4:52 pm


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