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What is a "citation for trespassing" by a cop in North Carolina because I called a Mall employee inefficient? Is it a crime?

Raleigh, NC |

North Carolina: I overheard the cop telling the Mall security that I will be "cited for trespassing". The Mall security told me to leave and escorted me to my car. Cop did not explain or say anything to me nor did he ask me anything. I was not given anything nor did I sign anything. All this because of an argument with the Mall staff and telling the staff that she is inefficient at her job. What kind of citation is this? What does it mean? What Do I need to do next? Have I committed any crime here? Do I need a lawyer? This has been the first time I have ever experienced anything like this. Please help.

I have had visited this Mall hundreds of times. The cop in the situation has seen me as a frequent customer and have exchanged "hello" a few times. I have never ever had any problems with any cops or anyone else at this Mall before. This was the first time this incidence happened and I am just in shock. I have no intentions of shopping at this Mall ever even if they pay me to shop there.

Attorney Answers 3


If you have been previously told not to come onto the mall premises, then you could be "trespassing" if you ever go back to the mall premises. From the way you indicated that you were not given anything, it appears that what the officer told the security is that if you come back now, (now that you have been told to leave) they WILL cite you for trespassing. Causing a disturbance in a store or mall, can result in your having to leave or getting told to never come back. So much for the customer is always right, huh?

So, since there are so many other customers who will do business and less demanding or more tolerant than you, you are asked to never come back and if you do... you will face possible trespassing charges. I don't believe you need to hire a lawyer unless you receive a citation or get arrested. But by all means, do not talk to law enforcement without a lawyer. About this or any other criminal allegations. Always get a lawyer when dealing with law enforcement.

Oh, and by the way, do they need to prove a crime was committed to tell you to leave? No they do not. Do they need to have a hearing or some other due process to ban you from the premises? No they do not. Do you have to be guilty of a crime to be charged? No you do not. The innocent get charged and even convicted. Just because it is not "right" does not mean it is not possible.

Good Luck

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See my answer to your other question.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

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It sounds like you were not cited for trespassing, merely told to go away and not come back, if you do go back, you will be cited and that is a class 3 misdemeanor.

<a href="">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.

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