South Carolina  |  Criminal Law

Legal Question

Asked on: 9/22/13, 8:23 am

I was charged with trespassing but wasn't given a written nor verbal notice nor removed from the property when the trespass was "so-called" issued. Is this legal in sc..also I was not on the property when officers arrived..i was on the street

1 Answer

Answered on: 9/22/13, 9:47 am by Robert Johnston

Frequently, certain laws can become surprisingly complicated and involved. Trespassing laws are one of those. There are numerous, maybe a couple dozen or more trespassing laws; generally speaking, what distinguishes one from another is the type of property, and the circumstances surrounding the purpose the individual in on the property.

In most trespass cases, it involves private property, owned by an indivdual(s), and is or is part of a residence. The second most common involves some sort of a business property. These are the two most common. Then there are others that have their own specific rules, elements, penalties, requirements, and so forth. There are specific trespass laws regarding government properties, railroad properties, parks & recreational, waste sites, public housing areas, wetlands, etc.

I'm not trying to complicate matters, I'm only pointing this out because without knowing more about your particular situation, I'm limited in the advise I can give. Even with the two most common trespass cases, that is, residential and business properties, the law varies from one to the other.

Chances are you were arrested involving private property. If so, then yes, there has to be some sort of notice which states that people are not allowed on that property. I wish I could tell you more, but I don't have enough information on what happened and the type property.

As far as you being on the street, that is like most any other criminal matter. The police must have "Probable Cause," to arrest someone. Probable Cause can come in a variety of forms. The most common is witnesses. There is not a legal requirement that the police actually see the alleged crime committed. They can base their arrest on other evidence and information.

You've asked good questions. But in order to get good answers a competent lawyer is going to need more information. I recommend having a one-on-one consultation with an attorney.

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Law Offices of Robert J. Johnston 843-946-0099 Myrtle Beach, SC 29578

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