Second Degree Trespass in Wake County

G.S. 14-159.13 dictates that a person is guilty of second degree trespass in North Carolina if he or she “without authorization . . . enters or remains on premises of another” after being notified not to enter or remain on the premises or a posted sign instructs not to enter.

Can Wal Mart trespass me from their stores?

Yes, absolutely. Wal Mart is a private business and can tell you not to come back on its property. If you return, you could be charged with second degree trespass. In fact, Wal Mart uses face recognition software to identify people who are not allowed in their stores.

Can a judge trespass me from a location?

Yes. A judge can order you not to return to a location. Usually this is someone’s home or workplace that you’ve had a bad interaction with, or a business. There a few exceptions dealing with government property.

The signs at the park say it closes at 8 p.m. or sundown — can I be charged with trespassing if I stay after?

Yes, assuming the sign isn’t hidden where pretty much no one would see it. In Raleigh, this charge occurs frequently when someone stays too late or leaves their car at Umstead, or walks around Lake Johnson after dark.

Can I be told to stay out of my own home?

In some cases, yes. Generally this happens in domestic situations involving abuse. You can ask a judge to have the restriction removed, although it’s not guaranteed.

How do I get a second degree trespass ticket dismissed?

It definitely helps to have an attorney. There are sometimes ways to have the charge dismissed without doing community service, but it will take work on the attorney’s behalf and patience on yours.

Will I go to jail for a second degree trespass charge in Raleigh?

Probably not, but it ultimately depends on your record. If it’s your first criminal charge, you should not go to jail nor will you be sentenced to jail time.

What if I just plea guilty?

You’ll likely just receive cost and a fine, depending on your criminal record.

Will a conviction or charge show up on a background check?

Yes, until expunged from your record.

How do I get a second degree trespass charge expunged from my record?

Talk to a qualified expungement lawyer. Expungement law is constantly changing and can be difficult to navigate without proper training.

Have you been charged with second degree trespass in Cary, Wake Forest, Apex, Knightdale, Raleigh, or somewhere else in Wake County, North Carolina? Contact William Pruden at 919-880-2124 for a free consultation.

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