Trespassing Defense Lawyer Montgomery County — What Are Your Options?
A trespassing charge in Montgomery County, Maryland, is a criminal offense under Md. Code, Criminal Law Article § 6-402, carrying penalties from 90 days to 10 years. Law Offices Of SRIS, P.C. provides a strong defense for unlawful entry charges. Our trespassing defense lawyer Montgomery County has documented results in the District Court of MD for Montgomery County. Call (888) 437-7747 for a 24/7 consultation.
Last verified: April 2026 | District Court of MD for Montgomery County | Maryland General Assembly
In Maryland, trespassing is defined as entering or remaining on property without the lawful right to do so. The specific statute, Md. Code, Criminal Law Article § 6-402, outlines the elements the State must prove. A conviction can result in a criminal record, fines, and potential jail time. The Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined legal experience to defend against these charges.
Maryland Trespassing Law and Penalties
The severity of a trespassing charge in Montgomery County depends on the circumstances. The core statute is Md. Code, Criminal Law Article § 6-402. Charges can range from a simple misdemeanor to a felony.
In Montgomery County, trespassing carries penalties from 90 days in jail and a $500 fine for a simple misdemeanor, up to 10 years in prison for trespassing on a posted government facility or critical infrastructure.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Trespassing on Private Property | Misdemeanor | Up to 90 days | Up to $500 | Criminal Record |
| Trespassing on Posted Government/Critical Infrastructure | Felony | Up to 10 years | Up to $5,000 | Felony Record, Enhanced Penalties |
| Unlawful Entry (Dwelling) | Misdemeanor | Up to 3 years | Up to $2,500 | Protective Order Implications |
Results may vary. Prior results do not guarantee a similar outcome.
Defending Trespass Charges in Montgomery County Court
Every trespass case hinges on the prosecution’s ability to prove you lacked lawful authority or privilege to be on the property. Common defenses include showing you had consent, you believed you had consent, the property was not properly posted, or you left immediately upon request. In Montgomery County District Court, prosecutors must establish each element beyond a reasonable doubt.
- Initial Appearance & Arraignment: You will be formally charged and enter a plea (not guilty, guilty, or no contest) at the District Court in Rockville.
- Pre-Trial Negotiation: Your attorney will review the evidence, identify weaknesses in the State’s case, and negotiate with the prosecutor for a dismissal, PBJ, or reduced charge.
- Motion to Suppress: If evidence was obtained illegally (e.g., through an unlawful detention), your lawyer can file a motion to have it excluded from trial.
- Trial: If no agreement is reached, your case proceeds to a bench trial before a judge at the District Court, where the State must prove its case.
- Sentencing or Disposition: If found guilty, the judge will impose a sentence. With a PBJ, you are placed on probation; successful completion results in no conviction.
- Expungement: For eligible outcomes (dismissal, acquittal, PBJ after 3 years), you can petition to have the record expunged.
Case Results and Firm Authority
Law Offices Of SRIS, P.C. has a documented record of defending clients in Montgomery County. Our firm-wide experience includes over 4,739 case results with a 93%+ favorable outcome rate. In Montgomery County specifically, we have 21 total documented case results across all practice areas with a 95% favorable outcome rate. Firm founder Mr. Sris, a former prosecutor, provides strategic oversight on complex cases. Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Montgomery County Residents
Our Maryland location serves clients facing charges at the District Court of MD for Montgomery County in Rockville. We represent individuals from Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase.
Law Offices Of SRIS, P.C. — Maryland
199 E Montgomery Ave Suite 100 Room 211, Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747
By appointment only. 24/7 phone consultations.
Trespassing Defense FAQs for Montgomery County, MD
What is Probation Before Judgment (PBJ) for trespassing in Montgomery County?
Yes. PBJ is a Maryland disposition where the judge places you on probation instead of entering a guilty verdict. For trespassing at the District Court of MD for Montgomery County, PBJ avoids a formal conviction on your record. After successful probation, PBJ cases can be expunged after a 3-year waiting period.
Can a trespassing charge be expunged in Montgomery County?
It depends. Maryland allows expungement for acquittals, dismissals, Nolle Prosequi, Stet, and PBJ (after 3 years). Expungement for a trespassing conviction is more complex but may be possible under the Justice Reinvestment Act for certain non-violent offenses. Cases in Montgomery County are expunged through the court where the case was heard.
Do I need a lawyer for a trespassing misdemeanor in Montgomery County?
Yes. Even a simple trespassing misdemeanor carries up to 90 days in jail and creates a permanent criminal record. An attorney at the District Court of MD for Montgomery County can negotiate for a PBJ (no conviction) or dismissal, protecting your future. Contact our trespass charge defense lawyer Montgomery County at (888) 437-7747.
What happens after a trespassing arrest in Montgomery County?
After arrest: (1) initial appearance before a District Court commissioner who sets bail, (2) bail review hearing within 24 hours if detained, (3) arraignment, (4) trial. Misdemeanor trespassing is tried at the District Court of MD for Montgomery County. An unlawful entry defense lawyer Montgomery County can guide you through each step.
What’s the difference between trespassing and unlawful entry?
In Maryland, trespassing generally involves property. Unlawful entry under § 6-202 specifically involves entering a dwelling (a place where someone lives) without permission. Unlawful entry is a more serious misdemeanor, carrying up to 3 years in prison, and often arises in domestic or neighbor disputes.
Internal Links: For more information, see our Maryland Criminal Defense hub page, or read about related issues for neighboring Prince George’s County. In Montgomery County, you may also need a DUI lawyer or a family law attorney.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Office visits by appointment only. Phone consultations available 24/7.