Q: In Maryland, is the statute of limitations for a criminal misdemeanor trespass 1 year or 3 years?
Not quite clear from the statute which applies since trespassing could result in a 90 day sentence ...
(a) Except as provided by this section, § 1–303 of the Environment Article, and § 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed.
(2) For purposes of the Maryland Constitution, the person:
(i) Shall be deemed to have committed a misdemeanor whose punishment is confinement in the penitentiary; and
A: Any misdemeanor punishable by jail has no limitations for prosecution, unless the statute which charges the offense states that it does. Trespass has no limitations stated in the statute which makes it a crime. That does not mean a prosecutor would bring a stale charge long after it was committed for a minor offense like trespassing. There may also be speedy trial objections to commencing a case too far down the road.
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