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Blog · August 4, 2015

What are the consequences of receiving a “No Trespass” Order after Shoplifting? ~ “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:   I received a No-Trespassing Order after being caught Shoplifting.   What are the consequences? Facts:  I got caught in Shoplifting. The store manager called the police. Store makes no prosecution.  Store employees took pictures with the cell phone.  I paid for the items (40 $).  Policy checked my ID.  I got a trespassing order / restraining order (?) … just oral … I can never come to the store again.  I was not arrested and I got no ticket or any other paper.  I did not have to sign anything. Questions: Do I have to go to the court?  Will this be on any of my record (criminal record, court record, etc)?  How long is the trespassing order valid?  How will the police/court know my details so that they can actually track that i have a trespassing order?  How does this trespassing order work – isn’t it somewhere on my record?  Will this event be shown somewhere so it it might affect my Green Card application?




A:     Chosen as “Best Answer” by Asker on www.AVVO.com


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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2 lawyers agreed with this answer

James Patrick Stanton Jr.
James Patrick Stanton Jr.
Criminal Defense Attorney – Clearwater, FL
Marcus Everette Gross
Marcus Everette Gross
Criminal Defense Attorney – Pensacola, FL

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Best Answer
chosen by asker
Answered .    Answering in the order in which you asked: 

1) If the cops did not PTA / NTA you then there will be no prosecution and no court proceeding; if they did then you will receive a court notice in the mail (you may wish to periodically check with the Broward Clerk of Court on line – their website is: https://www.clerk-17th-flcourts.org/Clerkwebsite/BCCOC2/OdysseyPA/CaseSearch.aspx?SelectCourt=true&DisplayCitation=yes&DisplayHearing=yes&DisplayType=Criminal&SearchType= ). You may also want to take a look at my Webisode on “Paper Arrests / PTA / NTA” in Florida.  It’s short and sweet and to the point, containing a good deal of information which may be helpful to your understanding on the process. For your convenience the  link is:  https://youtu.be/juUNYntf_HA 

2) Again, if the cops did not PTA / NTA you then there will be no prosecution, no court proceeding and no criminal record; if they did then there will be all of the above. Either way you have surely been entered into Walmart’s internal offender registry.

3) The no trespass order is valid until such time as Walmart lifts it. Accordingly, I urge you to a) honor it, b) do not go back there and c) find somewhere else to shop.

4) The cops don’t track your trespassing order. If you get caught at Walmart again then they (Walmart) will detain you, call the cops, show them (the cops) the order and you will almost certainly be arrested at that point… so, see #3 above.

5) The only record of the order should be at Walmart. The cops may have a copy (as they were called out – all “calls” are documented) but it will not be a criminal record unless and until you get arrested for violating it.

6) Your Green Card issue is not a criminal defense matter.; It is an immigration question, and if you want to increase your odds at getting a competent answer then you should re-post that portion of your question and list “immigration” and not “criminal defense” as a practice area.

In the interim I hope that I have been helpful in answering at least 5/6ths 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.) less
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Asker
Posted about 23 hours ago.
Thanks a lot!   That was very useful.  In regards to 1) I am not sure what a PTA or NTA is. But I can infer that it is some sort of arrest, but as I said, the police said that there is no arrest and also the store will not prosecute this case. So I will check the court website and make a case search. But I hope that nothing will come up…. I am not really expecting it. I even called the store yesterday and spoke with the manager and he said again – except this order – whatever the name of the order is – they not gonna prosecute.

Also, in regard to 6) … the question would just relate to whether it will be somewhere on my record – like court record, criminal record, etc…. Immigration is checking this. So if there is NOWHERE any entry then it should not cause any problems.

Whats your final word on that?

Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about 23 hours ago.
1) Watch the video and then you will know what it means. Stop calling the store and the cops. Please CALM DOWN (caps intentional). You are way – WAY (again, caps intentional) too worked up about this. From your description it is NOT (again, caps intentional) a big deal but you are likely to escalate it if you do not stand down (100%).

6) My final word is the same as my first word.l Immigration questions need to be directed to immigration lawyers. Would you ask a lumberjack about floor tiles? You can ask criminal lawyers, and some will answer, and some may be correct, but if you want to be sure then ask an immigration attorney. My guess (“guess”) is that if there was no arrest then there will be no immigration consequence.

Again, I hope that I have been helpful in answering your question. Wishing you good luck (and hoping that you take my advise and let this go, as it sound like it’s over and done – dead – yet you are keeping it alive on life support).

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Asker
Posted about 19 hours ago.
ok, appreciate your great feedback!! Thanks and lets hope the best! 

Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 


Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. “its all about reasonable doubt”!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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