I have extensive experience in defending trespassing cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each trespassing case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced trespassing attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you stopped and detained for a lawful reason?
• Did you voluntarily consent to any such search?
• Where was the firearm found and did the firearm belong to someone else?
• How many people had access to the place where the firearm was found?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS trespassing

The crime of trespass is defined under Section 810.09 of the Florida Statutes. Trespass on Property other than a Structure or Conveyance occurs where a person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a building or vehicle.  Ordinarily, the offense concerns land.

HOW IS trespassing PROVEN IN FLORIDA?

To prove the crime of trespassing, the State must prove the following four elements beyond a reasonable doubt:

1. Defendant willfully entered upon or remained in property other than a structure or conveyance.
2.  The property was owned by in the lawful possession of person alleged.
3. Notice not to enter upon or remain in that property had been given by actual
   communication to the defendant posting, fencing or cultivation of the property in
   the manner defined in this instruction
   or
   The property was the unenclosed curtilage of a dwelling and
   defendant entered or remained with the intent to commit a crime thereon other
   than trespass.
4.  Defendant’s entering upon or remaining in the property was without authorization, license, or invitation from person alleged or any other person authorized to give that permission.
5. Florida standard jury instructions

PENALTIES FOR trespassing

Unlawful trespassing is classified as a second degree misdemeanor that is punishable by up to 60 days in jail. Other Sanctions include:

• supervised probation
• No return to location

DEFENSES for trespassing

There are many defenses available to contest a charge of trespassing in Florida. Some of the more common defenses include the following:

• Was not asked to leave the premises
• The defendant’s entry on to or remaining on the subject property was not willful
• Defendant was invited to enter or remain on property
• Alleged victim lacks standing or authority to deny or withdraw permission to be present;
• Agent of property owner lacked authority to order removal or bar entry;
• Lack of notice;
• Notice not properly posted;
• Lack of communication to leave or not enter;
• Conflicting communications given to the accused

trespassing CARRY CASE LAW

A.L.H. v. State, 205 So.3d 782 (Fla. 2nd DCA 2016) To establish the delinquent act of trespass of a conveyance, the state had to prove that juvenile willfully entered or remained in a conveyance without being authorized, licensed or invited by the owner or a person authorized to give permission, and in this context, the willful element required the state to establish that juvenile knew or should have known that the vehicle was stolen.

Higgs v. State, 139 So.3d 411 (Fla. 5th DCA 2014) Because the information alleged that the site was legally posted these were the facts to be proved by the state, and the state’s failure to prove this element of the offense of trespass on a construction site required the lower court to enter judgment in the defendant’s favor.

I DEFEND ALL trespassing CASES

If you were recently arrested or charged with any Florida trespassing offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.