What is the possible punishments for 2nd degree trespassing for someone with a prior clean record?

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What is the possible punishments for 2nd degree trespassing for someone with a prior clean record?

I was arrested for 2nd degree trespassing today and let out by the magistrate to return on my court date. The copy of the papers I got from the Magistrate said that I entered the yard of the property w/o permission when I was notified that I was to remain off the property. My question is: I was never notified to stay off the property, will it be thrown out of court since I was never told not to be in the yard? Also was is the penalty if I am convicted, being that this is a 1st offense and I had a perfect record without any convictions or charges of any kind before this happened?

Asked on June 20, 2009 under Criminal Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a North Carolina attorney, so I'm not familiar with the details of the law and procedure in your state.  My research, though, suggests that second degree trespassing is a Class 3 Misdemeanor, the least serious level of offense, punishable by no more than 30 days in jail and/or a fine.  It also looks like the definition of the offense includes either someone telling you not to be there, or having it posted, so that has to be proved by a reasonable doubt.  If your testimony that nobody ever told you is believed, you could be found not guilty.  You might also be able to get into a pretrial diversion plan, go on probation, essentially, and then have it wiped off your record.

You need to have a lawyer in your area review all of the facts, for advice you can rely on.  One place to find qualified attorneys is our website: http://attorneypages.com


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