Trespass
is one of the most frequently charged offenses in Ocean City during the summer
and fall. There are several different types of trespass and many of those
arrested in Ocean City have been drinking alcohol to some degree, but not
always. The penalty for a first time offender is up to 90 days in jail. A
defendant who is convicted a second time within two years face up to 6 months
in jail, and subsequent convictions after the second one carry up to a year in
jail.
One of the most common types is trespass on
posted property. In Ocean City, this may involve entering a pool at a hotel
after hours or other variations of the same theme. A violation occurs when a person enters
property that has visible no trespassing signs on posts. The signs must
not only be visible, but must be placed in a conspicuous location at all points
of entry. The other common type is trespass on private property, also
known as trespass after warning. This offense will occur when a property
owner or lawful agent tells someone not to return but he or she ignores the
request. This offense applies to all types of private property including
homes, stores, bars, restaurants, and the like. Refusing to leave private
property after being told to do so is also an action that falls under this
statute. This type of offense typically occurs nightly at the most
popular bar in Ocean City, where the police have a strong presence and
thousands of patrons are on the property. In these cases, it sometimes takes
quite a walk to actually leave the property and the case turns on the testimony
of the police or bouncers in court. Contact Attorney Brian H. Clark who has
successfully defended hundreds of these charges in Ocean City.