Trespassing Case Results

Internal Case Reference #1001

Facts : Victim stated when arrived to her apartment she unlocked the door, entered her apartment and observed the above named defendant. In the kitchen crouched behind the cabinets/counter. Victim stated she began screaming yelling ”Get Out”. Victim stated she did not give the defendant permission to enter her residence and does not know how the defendant gained entry. While on scene, the defendant exited his apartment. The victim observed the defendant and identified him as the defendant, the person who was in her apartment. Defendant was read Miranda Rights after which defendant stated he observed the victim’s front door ajar at which time he entered the apartment. Defendant was transported to the PD for processing by me in my unit. After processing, the officer transported the defendant to jail. The defendant was Arrested and Charged with Burglary of a Dwelling(810.02(3b) which is a maximum of 15 years FSP and scores a minimum 22.7 months in the Florida Punishment code.

Result : Change of charge from felony second degree (15 year maximum sentence) to a misdemeanor trespassing (maximum of 365 days in jail). After conversations with the state attorney’s office, Mr. Foley was able to convince the state to change the formal charge to misdemeanor trespassing . The states first offer on the trespassing charge to Mr. Foley was a w/h adjudication and one year of probation. After review of discovery and taking of depositions, the client failed to make his contractual obligations and a motion to withdrawal was granted. Therefore no further negotiation and/or trial took place.


Internal Reference # 1076

Facts : Detective S observed the defendant’s vehicle parked in front of the location for approximately 10 minutes. The property had been deemed an unsafe structure, vacated off its occupants and currently in the care of the city. The location was also the site of numerous narcotic operations by the police SET team including a narcotic search warrant. The location itself was also the sight of sales by street level narcotic dealers involved in the above operations. The location has been boarded up and is posted no trespassing. Further posted allowing Sheriffs officers to advise any person to leave the premise at any time. The city currently has a signed trespass affidavit on the file in the interest of the above location. The defendant was observed parked on the property with the vehicle lights off for the previously mentioned period of time. While watching the defendant, he was approached by a black male on a bicycle. During which there was a brief contact and exchange of words. In an attempt to investigate the defendant’s purpose for being in the property, he quickly left the area traveling eastbound disobeying the stop sign located at an intersection. The defendant was followed to the arrest location, where he stopped after lights and sirens where activated. Post Miranda, the Defendant failed to dispel my alarm for being in the area. The defendant advised that he did not live in the area and did not know anyone in the area. The defendant further advised that he decided it was a good area to pull off and park. It should be noted that the defendant has previously been arrested for narcotics in the area. The defendant’s actions failed to coincide with that of a law-abiding citizen and he was arrested. Search of the defendant’s vehicle prior to tow, revealed an S.OS.S along with two glass cylinders. These items when combined together are used to smoke crack cocaine. The defendant was transported to the police station for processing and was later transported to the jail.

The defendant was arrested and charged with Trespass (810.08(1)), Disobey Stop Sign (316.123(2A)), Loitering (856.021(1)), and Drug Paraphernalia (893.147(1)(1B)

Process: The defendant was an attorney who had a serious drug problem. Mr. Foley convinced the client to enroll in a drug program. In review of the statute, the posting of the trespass signs were not sufficient to meet the statutory criteria and a Motion to Dismiss was filed.

Results :

Trespass (810.08(1)) - Dismissed

Disobey Stop Sign (316.123(2A)) - Dismissed

Loitering (856.021(1)) - Dismissed

and Drug Paraphernalia (893.147(1)(1B) – Dismissed

All charges dismissed.


Internal Reference #1081

Facts : The defendant was in a room at the location. Management requested that the defendant be trespass and escorted him from the property. The defendant was advised several times to leave the property. The defendant refused to leave. Officer G arrested the defendant and placed him in handcuffs. While Officer G was walking the defendant to his patrol vehicle. The defendant twisted her torso and arms and attempted to pull away from Officer G. Officer G advised the defendant to stop resisting. The defendant continued to twist her arms and torso while trying to pull away from Officer G.

The defendant was arrested and charged with Trespass/After Warning (810.09-2B) and Resist without Violence (813.02)

Results :

Trespass/After Warning (810.09-2B) - Dismissed

Resist without Violence (813.02) - Dismissed


Internal Reference #1104

Facts : The defendant was arrested and charged with Doc/Fighting/ Threating Words, Trespassing, and Resisting Arrest Without Violence

Results : All Charges Dismissed


Internal Reference #2017

Facts: The defendant was involved in a domestic incident where his girlfriend struck him several times. The defendant was told to leave and refused calling the officer a “fat fuck.” The defendant was arrested for Trespass After Warning(810.09(2b).

Charges:

Trespass After Warning(810.09(2b)) – Dismissed

All charges dismissed


Internal Reference #5006

Facts: ∆ was observed climbing on top of playground “shade tarp” in park. Trespassing in City Park after posted hours.

Charges:

Trespassing (103.02(A))

Result:

Trespassing (103.02(A)) – Dismissed

All charges dismissed


Internal Reference #5028

Facts:

This writer is the school resource officer for high school. ∆ is not a student attending the high school. ∆ was observed on campus by school security officers. ∆ came onto campus and fought a student. ∆ fled the campus on foot. ∆ had no legitimate business or authorization to be to be on campus. School did sign an affidavit prosecute for the above listed offense.

Process: ∆ was a student at University of Florida who was misidentified. Mr. Foley pulled attendance records from UF along with class notes, grades, etc. to show the ∆ was in class on the date in question.

Charges:

Trespassing on public school grounds (810.097)

Result:

Trespassing on public school grounds (810.097) – Dismissed

All charges dismissed

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I think your firm did a great t job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case. Jim
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