clarkdl16

Can you get charged with felony trespassing on your own property

7 posts in this topic

Is there any state statue that says the police charge you with trespassing on a property you have a lease agreement?  I know that the landlord can file charges saying you are trespassing but can a roommate or someone you are on the lease with charge you with it? if so does anyone know the statue. If not is there any laws saying that you have a right to be on the property that you have an agreement with?

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Would you like us to construct a hypothetical question and speculate on the possible answers or:

 

Tell us what the actual situation is and let us comment on that?

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My brother was taking pictures of his apartment damages and talking to his roommate about why he had not paid rent and there was an eviction notice on the door the lease was up 2 weeks later his roommate called the cops and made a big deal and about 8 cop cars showed up and kicked in door and everything and they had arrested him based of a class 6 felony trespassing. after getting released 2 days later he received an email from the property manager asking about the money he had said that the judge said he cant talk to them or go back to the property and he received a trespassing in his own apartment.  The apartment manager emailed back saying she is the only person that can say if someone is trespassing. The police had taken the gun he owns and will not release it its not part of evidence or anything. And the detectives have not returned any phone calls or emails, saying the case is closed out or dismissed. He had just gotten out of the marines about a year ago after 4 deployments as a 0341 and is going to school to be a pilot. 

 

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Frankly, the lack of punctuation makes it difficult to understand the situation you are describing. The first "sentence" in particular runs on the extent I can't figure out the timing.  When did the lease expire?  Did the eviction notice say he had been evicted? When? Why did his former(?) roommate call the police?  Are you suggesting your brother just showed up at the apartment and said "Hi, I'm back" and the roommate called the police? BTW the police or prosecutor are not required to talk to you unless you are your brother's attorney.  

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There is clearly a whole lot more to this story than your brother innocently being at the apartment he rents and lives at, his roommate calling police, and your brother being arrested for trespassing. It's like fixating on whether or not Bernie Madoff had an overdue library book.

 

Your brother needs a lawyer and he needs to tell the WHOLE story to that lawyer. You, are not entitled to information about any of it beyond what is already public record. There is only so much about an investigation that the police or prosecution is going to share with your brother. The reasons for that should be obvious.

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You present a "puzzle" with a lot of missing pieces,and as a result,you shouldn't expect any of us on here to be "mind readers" Your brother needs a lawyer,but let me guess,you already knew that.

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