Montgomery County Trespassing Defense Lawyer — What Are Your Options?
A trespassing charge in Montgomery County, Maryland, is a serious matter under Md. Code, Crim. Law § 6-402, potentially skilled to jail time and a permanent criminal record. The Law Offices Of SRIS, P.C. provides a strong defense against these charges, focusing on protecting your rights and future. Our trespassing defense lawyer Montgomery County team is available 24/7 to discuss your case.
Understanding Maryland Trespassing Laws
Trespassing in Maryland is governed by state law, primarily Md. Code, Crim. Law § 6-402, which defines the offense of trespass on posted property. This statute makes it illegal to enter or cross over the property of another after receiving notice not to do so. Notice can be given verbally, by posted signs, or through fencing or other enclosures. The severity of the charge often hinges on whether the property was posted and the defendant’s intent.
Last verified: April 2026 | Montgomery County District Court | Maryland General Assembly
Official Legal Resources
For the official text of the law, refer to the Md. Code, Crim. Law § 6-402 (official Maryland General Assembly site). For local court procedures, visit the Maryland District Court website.
Local Court Procedures for Trespassing Charges in Montgomery County
In Montgomery County, trespassing cases are typically heard in the District Court. Prosecutors often rely heavily on the property owner’s statement and evidence of posted notice. An experienced unlawful entry defense lawyer Montgomery County knows that challenging the sufficiency of this notice or the defendant’s knowledge of it is a common and effective defense strategy. For instance, a sign may have been obscured or language unclear.
- Initial Appearance: You will be notified of your court date. An attorney can often appear on your behalf.
- Review Charging Documents: Your lawyer will scrutinize the statement of charges for errors in the alleged notice or property description.
- Investigate the Scene: We may investigate the location to document the visibility and wording of any posted signs.
- Negotiate with the Prosecutor: Before trial, we seek to have charges reduced or dismissed based on evidentiary weaknesses.
- Prepare for Trial: If a fair plea cannot be reached, we prepare a full defense for trial, challenging the state’s proof.
Potential Penalties for Trespassing in Montgomery County
In Montgomery County, trespassing on posted property is generally a misdemeanor punishable by up to 90 days in jail and a fine of up to $500, but penalties can increase for subsequent offenses or trespass on certain secured areas.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Trespass on Posted Property (First Offense) | Misdemeanor | Up to 90 days | Up to $500 | Criminal record |
| Subsequent Trespassing Offense | Misdemeanor | Up to 6 months | Up to $1,000 | Enhanced penalties |
| Trespass on a School Grounds | Misdemeanor | Up to 6 months | Up to $1,000 | Possible protective order |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to every case. Our “Advocacy Without Borders” philosophy means we aggressively defend clients across state lines. We understand that a trespass charge can stem from a simple misunderstanding, and we work to prevent it from derailing your life.
Case Results and Client Advocacy
Our trespass charge defense lawyer Montgomery County team has successfully defended numerous clients. In one case, we secured a dismissal before trial by proving the alleged “No Trespassing” sign was not visible from the point of entry. In another, we negotiated a pre-trial diversion for a college student, resulting in no criminal conviction. Results may vary. Prior results do not aim for a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor with decades of experience, provides strategic oversight on complex cases, ensuring every defense is thorough.
Local Defense Near You
Our Rockville location serves Montgomery County and is centrally located for court appearances. We defend clients in communities like Bethesda, Silver Spring, Gaithersburg, and Wheaton.
Available 24/7 | Trespassing lawyer near Montgomery County
Law Offices Of SRIS, P.C.
111 Rockville Pike, Suite 900
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
By appointment only.
Frequently Asked Questions (FAQs)
Can I go to jail for trespassing in Maryland?
Yes. Trespassing on posted property is a misdemeanor punishable by up to 90 days in jail for a first offense and up to 6 months for subsequent offenses. The specific outcome depends on the facts of your case and your criminal history.
What is the difference between trespassing and unlawful entry?
In Maryland, “trespassing” often refers to entering posted land. “Unlawful entry” under Md. Code, Crim. Law § 6-403 typically involves entering a dwelling or store with the intent to commit a crime. An unlawful entry defense lawyer Montgomery County can explain the specific elements and defenses for each charge.
What are common defenses to a trespassing charge?
Common defenses include lack of proper notice (no sign or verbal warning), consent from the property owner, mistaken identity, or that you were on public property. A trespassing defense lawyer Montgomery County will investigate to find the strongest defense for your situation.
Should I just plead guilty to get it over with?
No. A guilty plea results in a permanent criminal record, which can affect employment, housing, and professional licenses. Always consult with a trespass charge defense lawyer Montgomery County to explore options for dismissal, diversion, or reduction first.
Can a trespassing charge be expunged in Maryland?
It depends. If the charge is dismissed or you are found not guilty, you may be eligible for expungement. A conviction may also be eligible after a waiting period. An attorney can advise you on the specific expungement process and timelines.
Related Reading: If you are facing other charges, learn about our work as a Montgomery County criminal defense lawyer or a Maryland theft lawyer. For a broader overview, visit our Maryland criminal defense hub page.
Last verified: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your trespassing charge.