You were told to leave and you didn’t leave fast enough — or you came back the next day not realizing you’d been “trespassed.” Now you’re facing a criminal charge. In Florida, trespassing after warning is not a civil matter or a code violation. It is a criminal offense that carries up to one year in jail.
This charge is extremely common in Miami-Dade County — at hotels, bars, shopping centers, construction sites, and especially during high-traffic events like spring break. Many people arrested for trespassing after warning had no idea they were committing a crime. But the charge is real, the consequences are serious, and it requires a defense.
Trespassing in a structure (§ 810.08) or on property (§ 810.09) after being warned by the owner, lessee, or authorized person — or after being posted with “No Trespassing” signage — is a criminal offense in Florida.
In a structure: 1st degree misdemeanor (1 year jail, $1,000 fine) | On property: 1st degree misdemeanor (1 year jail, $1,000 fine)
How Trespassing After Warning Charges Happen in Miami
Hotel or bar removal: Security or management tells you to leave a hotel property, nightclub, or bar. You don’t leave immediately, or you return later that night. Police are called and you’re arrested.
Prior trespass warning: Many businesses in Miami issue “trespass warnings” through police. If you were previously warned and return to the property — even weeks later — you can be arrested on sight.
Construction or restricted areas: Walking into a fenced construction site, a restricted area of a building, or a posted private property — especially while intoxicated — results in arrests regularly in Miami-Dade.
Spring break and event enforcement: During Miami Beach’s spring break enforcement, trespassing charges spike as police clear restricted beach areas, hotel pools, and parking structures.
Defenses to Trespassing After Warning
The State must prove you were actually warned. If the warning was unclear, given in a language you don’t understand, or there’s no documentation of it, the charge may not stand. Verbal warnings with no witnesses or records are challengeable.
Not just anyone can issue a trespass warning. The warning must come from the owner, a lessee, or someone authorized by the owner. A random employee, another guest, or a bystander cannot issue a legally binding trespass warning.
If you were invited by a guest, tenant, or authorized person, you may have had legal permission to be on the property. An invitation from a hotel guest to visit their room, for example, can defeat a trespassing charge brought by the hotel.
If you genuinely did not know the property was restricted, the signage was not visible, or you didn’t understand a prior warning was still in effect, this can be a defense. The State must prove you knowingly remained after being warned.
Don’t Underestimate This Charge
Trespassing after warning is a first-degree misdemeanor — the same classification as simple battery. A conviction creates a permanent criminal record. If this arrest came alongside other charges — DUI, drug possession, or resisting arrest — the combined exposure multiplies. An experienced attorney can address every charge strategically.
Dennis Gonzalez Jr. is a former Miami-Dade Assistant State Attorney who now defends people charged with trespassing and other criminal offenses throughout Miami-Dade County. He reviews the warning documentation, challenges the State’s evidence, and fights for dismissals and reductions. Call 24/7 for a free consultation.
11401 SW 40 Street, Suite 250, Miami, FL 33165
¿Habla español? Llame al (305) 209-0384 • dgonz.com/consulta.html
This page is for general informational purposes only and does not constitute legal advice. Every case is different. Viewing this page does not create an attorney-client relationship.