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Criminal Trespass Policy Changes in Seattle

Trespass Admonishment

Seattle police have a practice called “trespass admonishment,” that has sparked a recently controversy among civil rights activists and defense attorneys alike. High school kids with time on their hands, homeless people and perhaps people looking to make a drug deal have a tendency to loiter around the corner store or other business establishments. Sometimes, there may be illicit activity going on, but other times it is just kids hanging out the Seattle Times reports.

Loitering = Bad for Business

This has been a problem for business owners, as they feel that loitering takes away from their business. Local store owners together with Seattle PD entered into an agreement that if someone is caught loitering in front of a business establishment, a police officer can ban them from not only that particular establishment, but all participating businesses. If they return to that establishment or any other, they can be arrested for criminal trespass.

The problem is, not all people loitering in front of a business are “up to no good.” Kids with really no where else to go may linger in front of a store to be with their friends, for instance.

Civil rights activists and defense attorneys have complained that this practice unfairly targets vulnerable people, such as the homeless. They are in essence, being “criminalized for the existence” as opposed to participating in a criminal activity.

Anita Khandelwal is a public defender with the Defender Association and has been working hard to create a different, more workable policy. The goal is to find a way to respect the public safety issues while also respecting the rights of people that are not doing anything wrong.

A new plan has been put into place that will become effective January 1, 2011. This new plan was created by defense lawyers, businesses and police. Property owners will be creating a list of guidelines or rules of conduct for people who enter their property. If they are in violation, they will be told specifically why, but will not be automatically banished from all other participating businesses.

If you have been cited for Criminal Trespass and are not sure of what to do next, give our office a call at (206) 382-9200, to schedule a free consultation to speak with an experienced and knowledgeable criminal defense attorney.