How To File Trespassing Charges In Maryland

How to File Trespassing Charges in Maryland

Facing an unwanted guest on your property? Understanding how to file trespassing charges in Maryland is crucial to protecting your rights and ensuring the safety of your property. This guide outlines the process, necessary steps, and crucial information you'll need.

Understanding Maryland Trespassing Laws

Maryland law defines trespassing as unlawfully entering or remaining on the property of another. This includes both real property (land) and personal property. There are different levels of trespassing, depending on the circumstances and the intent of the trespasser. Criminal trespassing involves intentionally entering or remaining on property without consent, while civil trespassing often involves a dispute over property rights or a less serious violation. It's important to understand the distinction to determine the appropriate course of action.

Key Elements of a Trespassing Case:

• Lack of Consent: The prosecution must prove the individual entered or remained on the property without the owner's or lawful occupant's permission. This lack of consent is the core of a trespassing charge. Evidence such as security camera footage, witness testimony, or a "no trespassing" sign can be helpful here.
• Intent: The individual must have knowingly entered or remained on the property without permission. Accidental entry may not be considered trespassing.
• Ownership or Rightful Possession: The individual filing the charges must demonstrate they have the legal right to be on the property and the authority to exclude others.

Steps to Filing Trespassing Charges

Filing trespassing charges involves several key steps:

1. Gather Evidence:

Before contacting the authorities, gather as much evidence as possible. This could include:

• Photos and Videos: Document the trespasser and their actions on your property.
• Witness Statements: If anyone witnessed the trespass, get their contact information and a written statement.
• Police Reports: If the trespasser has been involved in other incidents on your property or in the neighborhood, obtaining these reports can be helpful.
• Property Records: Confirm your legal ownership or lease agreement.

2. Contact Local Law Enforcement:

Reporting the incident to your local police department is the next crucial step. Provide them with all the evidence you've collected. The police will assess the situation and may decide to issue a citation, make an arrest, or advise you on further legal action. Remember to remain calm and provide accurate details.

3. Consider Obtaining a Restraining Order (if necessary):

If the trespasser poses a threat to your safety or well-being, a restraining order might be necessary. This legal order prevents the trespasser from coming near your property or contacting you. Consult with an attorney to explore this option.

4. Consider Civil Action:

If the trespassing involves property damage or ongoing issues, you might consider pursuing a civil lawsuit for damages. This is separate from criminal charges and requires a lawyer to navigate the legal process.

Choosing the Right Course of Action

The decision to pursue criminal or civil action depends on the specific circumstances. A minor trespass might only require a warning or contacting the police for intervention. However, repeated trespassing or trespassing accompanied by damage or threats warrants a more serious response, possibly including filing criminal charges.

Preventing Future Trespassing:

Preventing future trespassing incidents involves proactive measures:

• Clearly Mark Your Property: Install visible "No Trespassing" signs.
• Enhanced Security: Consider security cameras, motion-sensor lights, or other security measures.
• Good Fence: A well-maintained fence can significantly deter trespassers.

This information is for guidance only and does not constitute legal advice. For specific legal advice, consult with a qualified Maryland attorney. They can provide personalized guidance based on your particular situation and help you navigate the legal process.