What Is a No Trespass Order in Massachusetts?

A no trespass order is a written notice that tells someone they’re no longer allowed on a particular piece of private property. In Massachusetts, these are most commonly issued by businesses, landlords, or homeowners—and they don’t require a court order to be valid.

Police often serve these notices, but they’re not criminal charges themselves. That said, if you ignore the order and return to the property, you can be charged with trespassing under G.L. c. 266, § 120. The penalties include a fine or even jail time, especially if it’s part of a larger dispute.

No trespass orders are frequently used in shoplifting or disturbance cases. I’ve seen clients issued one after being accused of minor conduct in a store or an apartment complex. Even if no charges are filed at the time, the order stays in place—and violating it later can lead to a court date.

It’s important to take these notices seriously. If you’ve been given one and you think it was unfair—or if you're now facing charges for allegedly violating it—I can help you understand your options and defend your case.

Can You Be Charged with a Crime After the Fact in Massachusetts?

Yes, you can absolutely be charged with a crime days, weeks, or even years after something happened.

Police and prosecutors aren’t required to arrest you immediately. They can investigate first, gather statements, review evidence, and then apply for charges once they think they have probable cause. This is common in drug cases, hit-and-runs, and financial crimes.

As long as the charges are filed within the statute of limitations, they’re valid. For most misdemeanors and felonies, that’s six years. But for some serious offenses, there’s no time limit.

If you hear that someone made a complaint against you—or if you get a summons in the mail—it doesn’t mean you’re too late to defend yourself. In many cases, we can challenge the credibility of the evidence or even argue for dismissal at a clerk magistrate hearing.

Don’t assume that time has made the problem go away. If you think you might be charged—or already have been—talk to a lawyer right away. Early action can make a big difference.

Can You Be Charged If the Police Didn’t See It Happen?

In Massachusetts, the police don’t have to see something happen in order to charge you with a crime. Most complaints are based on witness statements, security footage, or police investigations that take place after the fact.

In misdemeanor cases without an arrest, you might be summoned to a Clerk Magistrate hearing. That’s where a magistrate decides whether there’s probable cause to issue charges based on the written report or live testimony.

For felonies or cases involving an arrest, police can file charges based on their investigation—even if no officer was there when the incident occurred.

This surprises a lot of people. Clients often say, “How can they charge me? They weren’t even there.” But under the law, as long as there’s probable cause, the case can move forward.

That doesn’t mean it’s a strong case. If the witness is unreliable, the story doesn’t add up, or the evidence is weak, there are ways to challenge it. I’ve had plenty of charges dismissed or thrown out at a hearing before they ever got to trial.