In a follow-up to an earlier post, a Fort Lauderdale woman who was participating in a walk for cancer awareness who became trapped on a railroad bridge will not be charged with the misdemeanor offense of trespassing.
The woman veered off the walking path and onto a railroad bridge, which began to go up while she was still on it. She had to perch herself upon it and hold on while Fire Rescue had to come and get her down.
At first, there was talk that she may be charged with trespassing due to the fact that there were “no trespassing” signs posted.
However, police and prosecutors have learned that the woman is legally blind, thus did not see the “no trespassing” signs.
Trespassing is an intentional crime. That means that if you did not intend to trespass, you cannot be charged.
Trespassing is a misdemeanor offense punishable by jail time, fines, and probation.
Most first-time offenders are eligible for the Misdemeanor Diversion Program if charged with trespassing in Broward County.
It is obviously the right decision not to file charges against this woman who did not realize that she had trespassed.
Eric Matheny is a criminal defense attorney representing clients charged with trespassing and other misdemeanors in Broward and Miami-Dade. Call Eric Matheny to discuss your case.