Resolved Question

was arrested for 2nd degree trespassing in North Carolina and let out by the magistrate to return on my court date. The papers I got from the Magistrate said I entered the property w/o permission when notified that I was to remain off the property. My question is: I was never notified to stay off the property, will it be thrown out of court since I was never told not to be in the yard? Also what is the penalty if I am convicted, being that this is a 1st offense and I had a perfect record without any convictions or charges of any kind?



The reason I was on the property is that the owners are in the middle of a divorce. I am a friend of the husbands. The wife said put a restraining order out on the husband so he couldn't come on the property. He needed me to go in the yard and get his pool sticks and clothes out of his car in the yard so I went in the yard to go in his car and his wife pulled up. I immediately left the premises. that was yesterday. got arrested today, mad

Was the property posted as no trespassing, was it clearly posted? Did the person tell you the property was posted.
these are question that should be asked before your next court date. If the property wasn't posted then you should fight it. If it was posted and you didn't see it because the posting were not clear you should make that known and see if you could get a lesser fine. I would also go to the place (don't go on the property just out side of the property) take pictures of it if it isn't posted or if the postings are not clear. Just some suggestions.