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Old 07-15-2010, 04:08 PM
 
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Is trespassing a misdemeanor in SC or is it basically just a fine and slap on the wrist?
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Old 07-16-2010, 07:48 PM
 
706 posts, read 1,152,139 times
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Quote:
Originally Posted by vince24L View Post
Is trespassing a misdemeanor in SC or is it basically just a fine and slap on the wrist?
it may depend on what type.....repeat offenders would surely get more than a one time warning.

ex: I saw a vacant house and did some research and found out it was a foreclosure. I went back and parked in the drive and looked around. I asked the neighbors how long the owner had been gone, etc.
Someone on an un-named forum said "you are lucky the neighbors did not call the police". I ask why? I could be the real estate agent, the owner, or a cop myself. The neighbors saw who I was so I was more worried about the color of my socks than whether I was going to get arrested for trespassing.

ex: I am looking at another house for sale by a bank. One of the neighbors, a minister, has been parking on the side of the lot for 20 years and I guess that is not trespassing or stealing. In fact someone said the fact that he has parked there so long without permission means he can park there going forward, some implied possession or easement laws.

ex: squatters, people who enter vacant houses at night to sleep are surely subject to trespassing.

ex: from another forum:
Q:
What are South Carolina's Trespassing Laws? How can a landowner protect themselves from aggressive hunter trespassing"?
We live in the country and my question is if we placed no trespassing signs all along our property. Would there be a procedure to follow to ensure the signs mean enforcement of the law (i.e. do we have to wait any period of time before the signs "take effect")?
A:
My name is XXX XXXXX and I'm an attoreny in XXXXX. Believe it or not, there are 23 separate Trespassing statutes in South Carolina. The one that fits your problem is Section 16-11-620. It explains that there are two ways in which one can commit the crime of Trespass.
One, is Trespassing after being notified not to. Usually this is with signs, but can also be a verbal warning (which can be hard to prove), and it can also be done with certified mail.
The second type of Trespass is when they are already on your property and you ask them to leave and they do not.
No, you do not have to wait a certain period of time before the signs take affect. They are fully enforceable the second you hammer the last nail. If someone then Trespasses, you need to immediately call the police. Unfortunatley, the police are given wide discretion in these matters and its possible that they may simply instruct the people to leave and not come back. Then if they return they are certain to be cited for Trespass. If the police come and just issue a warning, make sure you ask for a police report.
You should know that its perfectly legal to photograph your own property and even video tape it.
You should also know that if these people should damage your property in any way, or if they engage in any activity that is illegal, then there are additional criminal statutes that apply to that as well.

so, are you asking about:
1. lookers at a vacant house = ME = slap on wrist I'd assume (& hope)
2. clergy parking on your land = implied possession....?
3. squatters in your place at night = no slap on wrist, off 2 jail 4 the night
4. hunters on your land - maybe a warning - firm warning
5. other

Concerning the minister who has trespassed for 20 years, my real estate agent says no judge would allow him to continue. A person should have the full rights to their entire lot.
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Old 07-30-2010, 06:45 PM
 
1 posts, read 7,629 times
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I live in SC. my boyfriend and me went to a place is coronaca, sc. called the rock quarry. we where in owr homemade boat have fun, there was not any alcohol or drugs. we where there just put the fishing rods in the water only been there for 15 minutes and three DNR men showed up. and asked where we put the boat in at and we said over there. they asked us to come to that spot and we did so. then asked us to get out of the boat and did so. ask us for ID. and we told them they where in the car. and we went and got them and gave them to them. then there was some small talk very friendly. then we heard over the radio that i had a failer to appear and he has a simple bosition form the past. so one of them ask me who car it is. i said it is mine. then one of them asked if they can search my car. i did not answer so they asked my boyfriend and he said no. then two of the DNRs went to there truck for a minute and came back and the other one asked my boyfriend if he could search the car. myboyfriend said no i will save the trouble and tell you why. every time i get pulled over or anything ya'll do this to me so i looked into it and found out i have the right to say no. then he went to the truck again and came back and said put your hands behind your backs. so i turned around and my boyfriend asked what for. he said trespassing. then my boyfriend said do not see any trespassing signs. the DNR pointd at the trees and said there is one. my boyfriend said where i don't see a sign. go touch it. you can't because it is not there. then the DNR gave the the older DNR that was just standing there kinda staying out of it the hand cuffs to put on my boyfriend and that DNR look at the cuffs and looked at my boyfriend then the other one looked at him and said what. just toke the cuffs and put them on my boyfriend himself. he did not ever read us owr rights. i asked if i could call someone to get my car and he said yes in a minute. we walked over there truck. and they toke my boyfriend back to my car and said you was right it is you right to say no. but now you are arrested and i am going to search i with out your concent. and i was over at there truck. i felt like that was not right it was my car.they did not find anything in my car. they came back to there truck where i was. and wrote the tickets for trespassing to fish section 50-1-90 and it was for the amount of $465.00 a peace. i asked if i then could call someone to get my car again and they said no it is geting towed. the a sheirf came to transport my boyfriend and two of the DNR guys transported me to jail. we still never heard owr rights and the second lock on my boyfriends cuffs where not locked. it put marks into his wrist. when they toke me back they said they had no open beds and the next morning i found out they had two open beds where i was. and i never got a phone call the hole time i was in there. the next morning i signed my own PR bond and got out. but my boyfriend need to us the the bathroom and there was not a toilet in the cell or drinking water. and he was telling then he needed to use the toilet for about to hours then they toke him to see the judge and the judge would not let him sign his PR bond. so i had to find a bail bondsman and it toke me two days because no one wanted to do it that low. in another county i finaly found one. it cost me $110.00 because he had to go so far to do it. and now my car is in pound for $315.00 and goes up $25.00 each day and i have no job to pay that. and my boyfriend is no longer working sense jail. what can i do about all of this. i also read section 50-1-90 and it says first defense does not exceed $200.00 . and my ower finds are $465.00 a peace. help me out please.
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Old 07-31-2010, 10:43 AM
 
706 posts, read 1,152,139 times
Reputation: 91
Quote:
Originally Posted by christy24 View Post
I live in SC. my boyfriend and me went to a place is coronaca, sc. called the rock quarry. we where in owr homemade boat have fun, there was not any alcohol or drugs. we where there just put the fishing rods in the water only been there for 15 minutes and three DNR men showed up. and asked where we put the boat in at and we said over there. they asked us to come to that spot and we did so. then asked us to get out of the boat and did so. ask us for ID. and we told them they where in the car. and we went and got them and gave them to them. then there was some small talk very friendly. then we heard over the radio that i had a failer to appear and he has a simple bosition form the past. so one of them ask me who car it is. i said it is mine. then one of them asked if they can search my car. i did not answer so they asked my boyfriend and he said no. then two of the DNRs went to there truck for a minute and came back and the other one asked my boyfriend if he could search the car. myboyfriend said no i will save the trouble and tell you why. every time i get pulled over or anything ya'll do this to me so i looked into it and found out i have the right to say no. then he went to the truck again and came back and said put your hands behind your backs. so i turned around and my boyfriend asked what for. he said trespassing. then my boyfriend said do not see any trespassing signs. the DNR pointd at the trees and said there is one. my boyfriend said where i don't see a sign. go touch it. you can't because it is not there. then the DNR gave the the older DNR that was just standing there kinda staying out of it the hand cuffs to put on my boyfriend and that DNR look at the cuffs and looked at my boyfriend then the other one looked at him and said what. just toke the cuffs and put them on my boyfriend himself. he did not ever read us owr rights. i asked if i could call someone to get my car and he said yes in a minute. we walked over there truck. and they toke my boyfriend back to my car and said you was right it is you right to say no. but now you are arrested and i am going to search i with out your concent. and i was over at there truck. i felt like that was not right it was my car.they did not find anything in my car. they came back to there truck where i was. and wrote the tickets for trespassing to fish section 50-1-90 and it was for the amount of $465.00 a peace. i asked if i then could call someone to get my car again and they said no it is geting towed. the a sheirf came to transport my boyfriend and two of the DNR guys transported me to jail. we still never heard owr rights and the second lock on my boyfriends cuffs where not locked. it put marks into his wrist. when they toke me back they said they had no open beds and the next morning i found out they had two open beds where i was. and i never got a phone call the hole time i was in there. the next morning i signed my own PR bond and got out. but my boyfriend need to us the the bathroom and there was not a toilet in the cell or drinking water. and he was telling then he needed to use the toilet for about to hours then they toke him to see the judge and the judge would not let him sign his PR bond. so i had to find a bail bondsman and it toke me two days because no one wanted to do it that low. in another county i finaly found one. it cost me $110.00 because he had to go so far to do it. and now my car is in pound for $315.00 and goes up $25.00 each day and i have no job to pay that. and my boyfriend is no longer working sense jail. what can i do about all of this. i also read section 50-1-90 and it says first defense does not exceed $200.00 . and my ower finds are $465.00 a peace. help me out please.
1. where did they take your car?
2. where did they take you and your BF to jail?
...........the closest city is Greenwood and it is only about 12 miles from Coronaca.
3. was there a tresspassing sign from the time you left the road to the time you entered the water?
4. what kind of car did you have that let you carry a boat in your car?

You might have gotten a warning if you had "let" them search your car. If there was nothing there for them to find, then you might have gotten by by allowing a search.

Police is some states are charged with murder all the time, so find a lawyer and explain what happened, and you may be able to file charges for mis-treatment at the jail house, not being read your rights, being in jail when it seems all they needed to do was take down your driver's licencse info and give you a trespassing ticket. You fail to show for the court date to pay the fine, I can guarantee you 100% they will find you, so hauling you to jail seemed excessive.

If there were not trespassing signs anywhere why did the men stop you?

There are legal aid offices in Rock Hill, S.C. if you have to call them and they can refer you to one in your area. Go in the phone book yellow pages and look for lawyer referral service or a lawyer that gives a free initial consultation.

did you have a fishing license?
[CENTER]HUNTING AND FISHING LICENSES

ARTICLE 1.

GENERAL PROVISIONS[/CENTER]

SECTION 50-9-10. Unlicensed activities; violations; penalties. It is unlawful to hunt, fish, or take fish or wildlife without obtaining a license and applicable permits, tags, or stamps which allow these activities. A person convicted of violating this section is guilty of a misdemeanor and, upon conviction, must be fined

>>>>>>>>>>>>>> not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days <<<<<<<<<<<<<<<<<<

All the events of your experience are over so you need a lawyer to explain your rights and your options. People who are kept in jail for years and found not guilty get tons of cash. You were in jail one night, but the principle is the same. Fines can be reduced if you plead guilty and plead the mercy of the court.

I've never heard of someone not being allowed to make a phone call. Get one of your friends or relatives to loan you the $75 to see a lawyer through lawyer referral.
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Old 05-17-2012, 08:00 AM
 
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my husband and I are separated, I have moved to another place and he continuously comes after I told him not to. He has been warned by the cops not to come. Recently, he came and again and was arrest for tresspassing after warning and CDV. Now I know this is the 3rd time he has been arrested for CDV, but only 1 is showing. What are the penalties for these charges when we go to court? What can I do to prove that this is his 3rd charge for CDV? Is it possible that he will serve time in jail?
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Old 05-17-2012, 08:05 AM
 
5,279 posts, read 5,708,331 times
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Quote:
Originally Posted by tbabby View Post
my husband and I are separated, I have moved to another place and he continuously comes after I told him not to. He has been warned by the cops not to come. Recently, he came and again and was arrest for tresspassing after warning and CDV. Now I know this is the 3rd time he has been arrested for CDV, but only 1 is showing. What are the penalties for these charges when we go to court? What can I do to prove that this is his 3rd charge for CDV? Is it possible that he will serve time in jail?


Read this, and being charged and being found guilty are 2 different things.
Fighting a Criminal Domestic Vioolence Charge in South Carolina | South Carolina Criminal Defense Attorneys

Also, since York County has a special CDV prosecutor, you should call the court system in Rock Hill, or at the Moss Justice Center, find out the name of the YC prosecutor and pay him a visit. He is the one who will prosecute a case of CDV.
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Old 05-17-2012, 08:21 AM
 
531 posts, read 705,473 times
Reputation: 260
File a restraining order and then I think it is a felony if he comes near you. Double check with the Sherriff's Office.
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