Trespass in Massachusetts

 
The crime of entering or remaining in the house, building, or boat of another, after having been forbidden to do so by the person who has lawful control of the premises, whether directly or by notice posted thereon.

The maximum penalty is 30 days in a county house of correction (HOC) and/or a fine of $100.

In order to prove that the Defendant is guilty of Trespassing, the Prosecutor must prove two things beyond a reasonable doubt:

  1. That, without right, the Defendant entered or remained in a house, building, or boat.
  2. That the Defendant was forbidden to enter or to remain there by the person in lawful control of the premises, either directly or by means of a posted notice.

 

Defense Strategies for Trespassing Charges

In my many years as a criminal defense lawyer, I have handled countless trespassing cases, and implemented numerous strategies to fight such charges.

Each case is unique, and as such, my tactics vary accordingly. I am often able to file motions to dismiss charges for lack of probable cause, and to suppress evidence that was obtained through an illegal search and seizure. If you have not been arrested, a motion can be filed to dismiss for failure to provide a show cause hearing.

At other times, the District Attorney and/or police can be convinced to drop the case, or your record may be protected through Pre-Trial Diversion. Depending on your circumstances, we may even negotiate a Continuance Without a Finding (CWOF).

If you have been arrested for trespassing, you need professional help. I am in courtrooms everyday helping people like you get their lives back on track. I defend their constitutional rights and freedoms by bringing a professional knowledge of the law to their side.

CALL ME, ATTORNEY ELLIOT SAVITZ, AT (781) 326-2700 FOR A FREE CONSULTATION. Just because you are accused of trespass does not mean you are guilty. I can help you today.

“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”

T.H.

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