Trespass Defense Lawyer Arlington County, VA
You were asked to leave a store in Clarendon or were confronted by a property manager in Ballston after an argument, and now you have a criminal trespass charge pending in Arlington County General District Court. A conviction under Virginia Code § 18.2‑119—trespass after being forbidden—is a Class 1 misdemeanor, which carries up to 12 months in jail and a fine. The charge is serious, but it is defensible. Law Offices Of SRIS, P.C. has handled criminal matters in Arlington County for more than two decades, and our team knows how the Commonwealth’s Attorney approaches these cases and what it takes to work toward a dismissal, a reduction, or a favorable resolution at trial. To discuss your situation with an experienced criminal defense team, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Trespass Defense Means in Arlington County
Trespass after being forbidden—Virginia Code § 18.2‑119—is charged when a person goes onto or remains on another’s property after being told to leave, either orally or by a posted sign. In Arlington County, this charge typically starts in the General District Court on the second floor of 1425 N. Courthouse Road, Suite 2400, Arlington, VA 22201, which hears all misdemeanor trials and felony preliminary hearings. If the charge is a felony—for example, if a trespass is combined with another offense—it would proceed through the Arlington County Circuit Court. Because the Arlington County court system is busy, procedural deadlines and court dates move quickly, and a person accused of trespass needs to act promptly to preserve their rights.
A trespass conviction has collateral consequences beyond the immediate penalty. It creates a permanent criminal record that can affect employment, professional licenses, security clearances, and housing applications in a region where many residents work for the federal government or hold sensitive positions. Arlington County sits inside the Washington, D.C. Metropolitan area, and background checks are routine. Our attorneys understand how a trespass charge can disrupt a career or a family, and we focus on limiting those long‑term impacts.
How Our Firm Handles Trespass Defense Cases
When you contact Law Offices Of SRIS, P.C. about a trespass charge in Arlington County, the first step is understanding exactly what happened. The Commonwealth’s Attorney must prove every element of the offense beyond a reasonable doubt: that the defendant was on the property, that a lawful occupant had forbidden entry, and that the defendant remained after being told to leave. Many trespass cases turn on ambiguous communication or conflicting witness accounts. Our team reviews the complaint, the police report, and any video or photographic evidence to identify weaknesses in the government’s case.
In many trespass matters, the objective is to negotiate an amendment to a non‑criminal infraction or a lower‑grade offense, or to obtain a nolle prosequi—a prosecutor’s decision not to pursue the charge—particularly when the complaining witness does not want to proceed. If a resolution cannot be reached, we are prepared to take the case to trial in the General District Court or, in felony matters, to the Circuit Court. Throughout the process, we explain each step so that you understand the options and the likely course of the proceeding.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates his practice on criminal defense, including trespass, assault, theft, and other offenses. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes a former Virginia State Trooper with fifteen years of law‑enforcement experience, which gives the firm a practical understanding of how police investigations are conducted and how charging decisions are made.
Together, Mr. Sris and his Of Counsel bring extensive combined legal experience. The firm has documented case results in Arlington County, including many favorable outcomes for criminal charges. Results may vary. We maintain an Arlington location at 1655 Fort Myer Drive, Suite 700, Room 719, Arlington, VA 22209, by appointment only. Contact us at (888) 437‑7747 to schedule a consultation.
Frequently Asked Questions
What is the penalty for a trespass charge in Arlington County?
Trespass after being forbidden under Virginia Code § 18.2‑119 is a Class 1 misdemeanor. A conviction carries a maximum sentence of 12 months in jail and a fine, and it creates a permanent criminal record. The case is heard in the Arlington County General District Court unless it is part of a felony proceeding. Because Arlington County courts have significant caseloads, cases are typically resolved within several weeks to a few months, but the timeline varies.
How does a lawyer defend against a trespass charge in Virginia?
An experienced criminal defense attorney challenges the elements the prosecution must prove and looks for procedural or evidentiary weaknesses. Common defenses include lack of proper notice that the defendant was forbidden to be on the property, insufficient evidence of identity, mistaken belief that the defendant had a right to be present, or vindictive prosecution. The attorney also negotiates with the Commonwealth’s Attorney to seek a dismissal or an amendment to a lesser charge, particularly when the complaining party does not wish to go forward.
Do I need a lawyer for a trespass charge in Arlington County?
Yes; even a seemingly minor trespass charge can have lasting consequences that a criminal record brings. In Arlington County, a conviction stays on your record permanently unless you are eligible for an expungement, which is generally limited to acquittals, nolle prosequi dispositions, or dismissals. An attorney can identify defenses you may not be aware of and work to keep the charge off your record. The earlier a lawyer gets involved, the more options are available.
Can a trespass charge be expunged in Arlington County?
Expungement is possible for trespass charges that end in a dismissal, acquittal, or nolle prosequi. Under Virginia Code § 19.2‑392.2, a person whose charge was not a conviction may petition the Arlington County Circuit Court to expunge the police and court records. Convictions generally cannot be expunged. A successful expungement removes the charge from public view, but the process takes time and requires a showing that the continued existence of the record constitutes a manifest injustice.
What should I do if I am facing trespass charges right now?
Contact a criminal defense attorney immediately and do not discuss the facts of your case with anyone else. Preserve any evidence that may help, such as text messages, photographs, or witness contact information. Avoid posting about it on social media. The attorney will evaluate the charging documents, explain what to expect at the first court appearance, and begin building a defense. Prompt action often makes a significant difference in the outcome.
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For official statutory references, see Virginia Code Title 18.2 (Crimes and Offenses) and Virginia’s Judicial System.
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Case results depend on a variety of factors unique to each case.