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If you have a trespass warning and visit the place but are not arrested, can you be charged later from video evidence or a credit card transaction?

  • It would help more if you explained the type of trespass at issue, is this a run-of-the-mill stepping on somebodys land that doesn't want you there, or is it somehow related to the credit card transaction? – David Rankin - ReinstateMonica Dec 27 '18 at 8:39
  • About 3 years ago I was involved in an altercation at the establishment with an employee. I was arrested and I assume given a trespass warning (although I have nothing in writing). I was never charged for this because many witnesses came to my defense after the fact. I had to meet a friend from out of town and they just so happened to be there. I was too embarrassed to inform this person of the tresspass warning and went inside and had a drink. Nobody said anything and the police were not informed. – Edward Dingle Dec 28 '18 at 21:47
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Yes, you can be charged later.

Generally speaking crimes like trespassing have a statute of limitations that is in the months or years or duration, and charges can be pressed resulting in an arrest at any time within the statute of limitations.

Usually people are not arrested later on because it is hard to prove beyond a reasonable doubt that the crime took place, but there is no hard and fast requirement that an arrest for trespassing happen while the crime is being committed.

Also, usually only law enforcement officers are allowed to arrest people after the fact for crimes - citizen's arrests are usually only allowed when someone is in the process of committing a crime.

  • I have been in the actual position of issuing a trespass warning. The issue that led to this was serious, threatening misbehavior that had to be dealt with to protect the safety and security of others on our site. If we discovered that he had somehow snuck back in, behaved as a model citizen, and then left peacefully to spread love and joy throughout the world, I can't say that we would do much. Legally we probably could (seek an arrest warrant), but the motivation wouldn't be there, since the underlying problem would have been solved. Cf. xkcd. – Columbia says Reinstate Monica Dec 27 '18 at 11:53

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