Trespass After Notice

There is no crime of “trespass” in South Carolina – there is only: “trespass after notice.”

The trespass law in South Carolina requires that you have notice that you are trespassing before you can be arrested. In some cases, an individual can have you served with a formal "trespass notice," which will later serve as evidence that you were warned to stay off the property.

Sometimes, signs are clearly posted that prohibit trespassers. In other cases, a person may be arrested when they are verbally told to leave, and they refuse to do so.

All too often, trespass charges result from disagreements between individuals, where one will call the police and press charges against the other for trespassing, even when there has been no notice. Magistrates will sometimes let individuals sign their own “courtesy” warrants if the police do not pursue the charges.

What Are the Penalties for Trespassing in SC?

Trespass after notice is a misdemeanor in the magistrate or municipal court that is punishable by a fine or up to 30 days in jail.

I’ve Been Charged With Trespass in SC – What Should I Do?

First, call your criminal defense lawyer.

You get an initial court date when you are arrested – that day will be your bench trial unless you request a jury trial in advance.

In most cases, we will request a jury trial before the initial court date – once the jury trial has been requested:

  • You do not have to appear on the initial court date;
  • Your case is moved to what is called the “jury trial roster;”
  • We request discovery from the officer or prosecutor;
  • We will have time to conduct our own investigation and talk to any witnesses; and
  • Your next trial date will be set at a roster meeting or pretrial conference.

If the case is not dismissed or resolved before your trial date (or on the morning of your trial date), we will try the case to a jury.

SC Trespass Defense Attorney in Myrtle Beach, Columbia, and Lexington

Lacey Thompson accepts only criminal defense cases in SC courts, including trespass after notice charges.

If you have been charged with trespass after notice in Horry County, Richland County, Lexington County, or anywhere in South Carolina, contact the Thompson & Hiller Defense Firm now at (843) 444-6122 or contact us online to find out what your rights are under SC law.

Client Reviews
Mindi and Laura were an amazing team team in helping my son with a traffic violation. There responsiveness from answering my phone call, to being able to pay the invoice online, showing up to court and representing my son for a ticket in less than 24 hours. Not to mention successfully having the ticket dismissed. The process was explained to us clearly each step of the way. This allowed us to prepare for any possible ramifications as well being patient with any questions we may have had. Even if the ticket did not get dismissed the care and attention they showed towards my son's situation made us feel very safe in their good hands for this legal matter. N. Jones
I retained Lacey Thompson & Hiller, defense firm for a difficult domestic violence case. She provided a strategy that won my case. Her legal skills are great, but just as important she's a supportive attorney who truly cares and her advice was spot on. I'll always be thankful. Besides Lacey, all the staff that I worked with at Thompson & Hiller firm were terrific: competent, professional, and personable. I recommend Lacey Thompson to everybody who needs a defense attorney. Anonymous
Attorney Laura Hiller, assisted me in 2013 by representing my daughter who at the time was only (14) years old in a juvenile criminal case being tried as an adult. The State charged her with murder. The claims at the time were completely shocking to myself and my daughter at the time and I wasn't sure what to do or who I needed to assist me with this. That's when I met Laura, who in all honesty kept me sane and hopeful through the entire process. She was so thorough when it came to gathering all information from all parties involved, aggressive when stepping into the courtroom, and behind the scenes. Most importantly though she was invested in proving my daughters innocence and I will forever be grateful for her and her work. My daughter's case was dismissed! Definitely who you want in your corner, whether the case is big or small. L.P.M.