Quincy Trespassing Lawyer
Trespassing Defense in Norfolk County
Charges of trespassing can be filed as either a misdemeanor or felony, based upon the circumstances. If you, without any right to do so, enter in or remain in a home, building, boat, improved or enclosed land, a wharf, pier or school bus when it is forbidden to do so, either by a posted notice or in violation of a court order will be arrested and charged, and will face a penalty of up to 30 days in jail and up to $100 in fines.
Tenants or those who occupy homes who had legally rented or leased the property, and remain on the property after their tenancy is over, or the landlord is alleges that it was terminated, cannot be charged with this offense. There are a number of state statutes that could impact a person who is unaware that they entered the property of another, or walked in forested land when the area was closed during a dry period. In these cases, you can be arrested without a warrant and fined.
Arrested and Charged with Trespassing
Every case of trespassing has serious repercussions in a conviction. An innocent person can be caught in the trap of law enforcement, charge and convicted if action is not taken immediately to defend the charge. At our firm, Flanagan & Associates, we take pride in our record of success in getting cases dismissed.
As an experienced Quincy criminal attorney, we are also very interested in representing those accused of trespassing in the Quincy area in court, should the case make it that far. Attorney Dave Flanagan will aggressively pursue the most favorable outcome in every case he takes on.
There are real consequences to a conviction, the most serious of which is the criminal record that will now be available to any person who searches your name in the future in a background check. A prior record can also impact penalties that could be imposed upon you in the future on another charge.
Sometimes it is impossible to be aware that certain property is private. Posted notices can fade, or may not be visible when you entered the property. Unfortunately, the prosecuting attorney does not have to prove that you saw the notice before you entered the property. It only must be proven that there was a sign posted at the time of the trespass, and that it was posted in a place that is considered to be reasonably suitable.
This makes the problem a little more difficult, but there are always options to defend against a charge of trespassing. As a former private investigator, Dave Flanagan takes great interest in the details of a case, no matter how large or small. Some of the details that could impact the outcome of the case are whether the area was fenced, whether there was a locked gate or door, or other type of barred entry that "directly" forbids entry into the area or premises.
An external deck, steps to the front entry door or a porch on a property are considered to be part of the property that is protected, and if you enter any of these areas without permission, you could be charged with trespassing. If you are charged with breaking and entering, you will also face charges of trespassing. Under General Laws c. 266 § 120, the trespassing laws apply to state or municipal property, as well as property that is privately owned.
A more serious charge, Trespass with Firearms (G.L. c 266 §§ 121) or Trespass with Vehicle (G.L. c 266 §§ 121A) have heavier penalties based upon the actual situation, and whether the prosecuting attorney believes that you were was present on the property for the purpose of committing a criminal act. You must protect your rights, and the first step is to call our office before your case progresses any further through the system.
If you are facing charges of trespassing, call our firm, Flanagan & Associates immediately or use our online contact form. We can review your case and advise you about your defense during a free consultation.
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“Dave and his team are the best. When it comes to people you want in your corner during the hardest times, they are exactly that.”- Joe