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Q:   I did not commit a crime yet I was given a trespass warning.  Today I was shopping in Walmart with my husband, 8 month old, my disabled cousin and my brother. In April of… Scroll down to read more!

Q:   I did not commit a crime yet I was given a trespass warning.  Today I was shopping in Walmart with my husband, 8 month old, my disabled cousin and my brother. In April of this year my brother was arrested for shoplifting and was given a trespass warning. We did not realize when you are trespassed it is good for a year we thought it was 6 months and that his trespass was over. Today while shopping deputies approached us as a group and started questioning my brother in the middle of the store. When asked what was going on the deputies became rude and continued asking questions. Two loss prevention associates were also present (we did not know they were Walmart employees because they did not address themselves as such). They were laughing and giggling like average civilians.  I had asked why the two associates were standing so close as we did not know they were employees of Walmart.The employee then said to me I work for Walmart and its none of your business. I started getting agitated as the deputies presence was drawing a crowd and my 8 month old was present I asked why the police couldn’t take my brother to a private place instead of embarrassing not only my brother but my entire party as well Besides my brother not realizing he was trespassing we did nothing wrong we didnt commit a crime against Walmart or its associates to be treated with such utter disrespect.When I asked why we were being trespassed they said because of my tone and being with a previously trespassed person Rather than make an arrest in private they did so in front of the entire store and my brother in no way was disrespectful nor in a position which required for an immediate arrest to be made so publicly. Is there any recourse available.

A: Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Michael Adam Haber

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1 lawyer agreed with this answer

William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL

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Lawyer agrees
Answered No offense meant, but you were out of line.

Not that they should, but the cops can – and do – act rudely. They are all business and are generally intolerant of folks, anyone, getting in between them and their business.

When someone is being detained, questioned, arrested – whatever it is that the police may be doing with them – you are always best advised to stay out of it.

If you wish take out your cell phone and record the incident – this may ultimately prove helpful to the person who is arrested but even if it isn’t it remains a more productive, safer and all around better use of your time – or you may even call a lawyer, but whatever you do, right, wrong or indifferent, please don’t insert yourself into it, not even peripherally.

Getting into the cops’ business, even when done politely and as a truly concerned person, is almost never going to be accepted or appreciated by the cops. Rather, it is likely to fuel the proverbial fire and help to get the cops to be even more more assertive and aggressive than they otherwise should / could / would have been.

Regardless, if you feel that Walmart Loss Prevention officers acted in an unbecoming fashion then you are free to go to Walmart and file a grievance against them. In fact, if you think that the cops overreacted then you can file a complaint against them too. Just remember that in this particular instance your brother was in a place, a private establishment, where he was not only not welcome but was not lawfully entitled to be, and you were, knowingly or not, therefore with someone who was subject to arrest.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Michael A. Haber, P.A.:  Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  At Michael A. Haber, P.A. “its all about reasonable doubt”!

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Follow Michael A. Haber, P.A. on Facebook by going to the following link and clicking the “Like” button:  www.facebook.com/haberpa 

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"!Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statementAccordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics.When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!And remember, at HaberPA, it's all about reasonable doubt!
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