Trespassing Defense Lawyer in Montgomery County, MD — What Are Your Options?
A trespassing charge in Montgomery County 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. has 21 total documented case results in Montgomery County across all practice areas.
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ToggleWhat Is Trespassing Under Maryland Law?
Trespassing in Maryland involves entering or remaining on another person’s property without permission. The specific statute is Md. Code, Criminal Law Article § 6-402. The severity of the charge depends on factors like the type of property and the defendant’s intent.
Last verified: April 2026 | District Court of MD for Montgomery County | Maryland General Assembly
Official Legal Resources
For the official text of the trespassing statute, see Md. Code, Criminal Law Article § 6-402 (official Maryland General Assembly). Court procedures are handled by the District Court of MD for Montgomery County.
Montgomery County Court Process for Trespassing Charges
In Montgomery County, trespassing cases are typically heard in the District Court at 191 East Jefferson Street, Rockville. Prosecutors from the State’s Attorney’s Office for Montgomery County handle these cases. A key local procedural fact is that Maryland’s Probation Before Judgment (PBJ) disposition is often available for trespassing, which can avoid a formal conviction on your record if you successfully complete probation.
- Receive a criminal summons or be arrested and taken before a District Court commissioner for bail.
- Attend an arraignment at the District Court to hear the formal charge and enter a plea.
- Your attorney will review evidence, file motions, and negotiate with the State’s Attorney for a dismissal, PBJ, or reduced charge.
- If no agreement is reached, proceed to a bench trial before a District Court judge.
- If convicted, attend a sentencing hearing where the judge imposes penalties.
- Explore expungement eligibility after the case concludes, especially if granted PBJ.
Potential Penalties for Trespassing in Montgomery County
In Montgomery County, trespassing carries penalties ranging from 90 days in jail for a simple misdemeanor to 10 years for trespassing on a school or government property with intent to commit a crime.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Trespassing on Posted Property | Misdemeanor | Up to 90 days | Up to $500 | Criminal record |
| Trespassing on School Grounds | Misdemeanor | Up to 6 months | Up to $1,000 | Enhanced penalties if intent to commit crime is proven |
| Trespassing (Peeping Tom) | Misdemeanor | Up to 3 years | Up to $1,000 | Sex offender registration possible |
| Trespassing on a Railroad | Misdemeanor | Up to 1 year | Up to $1,000 | — |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Trespassing Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. Our trespass charge defense lawyer Montgomery County team understands the local court system. Mr. Sris, the firm’s managing attorney, maintains a multi-state practice and provides strategic oversight on complex cases.
Kristen M. Fisher, Of Counsel (Former Prosecutor)
Kristen Fisher is a former Assistant State’s Attorney in Maryland who prosecuted cases in both District and Circuit Courts. Her firsthand experience provides critical insight into how trespassing cases are built and negotiated by the State’s Attorney for Montgomery County. Admitted to the Maryland and Virginia bars, she focuses her practice on criminal and traffic defense in Maryland state courts. She joined Law Offices Of SRIS, P.C. in 2010.
Case Results in Montgomery County
Our firm has a documented record in Montgomery County courts. We have achieved 21 total documented case results across all practice areas here, with a 95% favorable outcome rate. These results include dismissals (Nolle Prosequi), charges not filed (Stet), and favorable plea agreements such as Probation Before Judgment (PBJ).
Results may vary. Prior results do not guarantee a similar outcome.
Local Trespassing Defense for Montgomery County Residents
Our Maryland location serves clients at Montgomery County courts. We are a local trespassing defense lawyer near Rockville Town Square and the Montgomery County Government Center, accessible via I-270 and I-495. We serve communities including Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, and Potomac.
Availability: 24/7 phone consultations — meetings by appointment only.
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.
Frequently Asked Questions (Trespassing Defense)
What is Probation Before Judgment (PBJ) in Montgomery County, Maryland?
Yes. PBJ is a Maryland disposition where the judge places you on probation instead of entering a guilty verdict. PBJ avoids a formal conviction on your record and is available for most misdemeanors and many felonies at District Court of MD for Montgomery County. After probation, PBJ cases can be expunged (3-year waiting period).
Results may vary. Prior results do not guarantee a similar outcome.
Can I get my criminal record expunged in Montgomery County, Maryland?
Yes. Maryland allows expungement for acquittals, dismissals, Nolle Prosequi, Stet, PBJ (after 3 years), and many non-violent convictions under the Justice Reinvestment Act. Cases in Montgomery County are expunged through the court where the case was heard (District Court of MD for Montgomery County).
What happens after a criminal arrest in Montgomery County, Maryland?
After arrest in Montgomery County: (1) initial appearance before a District Court commissioner who sets bail, (2) bail review hearing within 24 hours if detained, (3) arraignment, (4) trial. Misdemeanors like trespassing are tried at District Court of MD for Montgomery County. Bail set by District Court commissioner at initial appearance.
Do I need a lawyer for a misdemeanor trespassing charge in Montgomery County?
Yes. Maryland misdemeanors carry significant penalties — trespassing on school grounds can lead to up to 6 months in jail. An attorney at District Court of MD for Montgomery County can negotiate PBJ (no conviction on record) or dismissal. Contact SRIS at (888) 437-7747.
What is the difference between trespassing and unlawful entry in Maryland?
It depends. “Unlawful entry” is often used interchangeably with trespassing. Under Maryland law, trespassing is the broader statutory term defined in Md. Code, Criminal Law Article § 6-402. A lawyer can analyze the specific facts of your case to determine the exact charge and best defense strategy.
Internal Resources
For more information, visit our Maryland Criminal Defense Lawyer hub page. We also assist clients in neighboring areas like Prince George’s County and Howard County. If you are facing other charges, explore our services as a Montgomery County DUI lawyer or Montgomery County family law attorney.
Page last verified and updated: April 2026. Laws and procedures change. For the most current advice regarding your trespassing charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Office visits by appointment only. Phone consultations available 24/7.