The maximum penalty for trespassing 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:
- That, without right, the Defendant entered or remained in a house, building, or boat.
- 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.
We are often able to file motions to:
- Dismiss charges for lack of probable cause.
- 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).
Receive a FREE Consultation
If you have been arrested for trespassing, contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at, (781) 974-3429 and let our professional knowledge of the law help get you life back on track.
If the police fail to read me my Miranda rights, must the case be dismissed?
No. If you are in custody and answer an officer’s questions without being read your Miranda rights or told you have a right to an attorney or to be silent, then any incriminating statements you make might be suppressed, which means those statements cannot be used against you at trial. However, you can still be convicted on other evidence.
Do I need an attorney?
Generally, if you can afford a lawyer, you should have a lawyer represent you throughout a criminal case, including clerk’s hearings, arraignments, pre-trial conferences, motions and probation surrenders. A lawyer can best protect your rights and help ensure a favorable outcome.
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“We were absolutely astonished and very grateful for how Elliot handled our son’s case and would highly recommend him to anyone who is in need of legal council!”
“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.”
“I really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”