Legal Question in Criminal Law in Florida

Is it a valid defense for trespassing in Florida if you're innocence of the reason (theft) why you were banned from the store (Walmart).

My son was wrongfully accused of shoplifting at a Walmart. He exchanged an item at customer service and the lady never gave him a receipt. When he tried to walk out of the store he was stopped and asked show a receipt. He did not have one so he was taken to the security office. The loss prevention specialist took my son's wallet and phone and held them and told him that if does not sign a trespass paper he will not get his stuff back. My son signed the paper but, they still called the police and gave my son a court date. A few minutes after he left the store he went back inside to the customer service desk to just get proof that he payed and asked for a receipt. The loss prevention specialist approached my son and then called the police back and they arrested my son for trespassing. The camera footage and the receipt should clear my son of the theft charged. But, my son is still facing the trespassing charge. Does he have any defenses.


Asked on 8/30/18, 6:57 pm

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

Sadly that is not a defense. It sounds like he is charged with Trespass After Warning. That means a defendant is accused of returning to a property after they were told to leave and not to come back. If they trespassed him but were wrong about the original theft accusation then all that really matters is whether he returned.

Of course, there may still be defenses available. Merely being charged with a crime doesn’t, by itself, cause someone to be trespassed. Defenses could be either legal or factual. He should at least consult an attorney before going to court.

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Answered on 8/30/18, 7:07 pm


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