QUESTION
Can I be charged with trespassing after a few weeks?
Asked on Aug 28th, 2011 on Criminal Law - Kansas
More details to this question:
I was with some friends and we were caught in a pool after hours three weeks ago. The person that caught us was the owner. Can he still charge me with trespassing if he hasn't done anything for these three weeks?
28 ANSWERS
Samuel H. Harrison
Yes, he can.
Answered on Jun 09th, 2013 at 7:58 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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Yes.
Answered on Jun 09th, 2013 at 7:58 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes.
Answered on Jun 09th, 2013 at 7:57 PM
Steven D. Dunnings
Yes.
Answered on Jun 09th, 2013 at 7:52 PM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Yes.
Answered on Jun 09th, 2013 at 7:49 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 09th, 2013 at 7:48 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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The police have up to one year to charge a misdemeanor.
Answered on Sep 02nd, 2011 at 11:26 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry Yes, charges could still be brought. However, with that length of time having passed, it is less likely. I hope that this was helpful.
Answered on Sep 01st, 2011 at 10:37 AM
Jacob P. Sartz
Yes, potentially. If you are ultimately charged, you are presumed innocent until proven guilty and the prosecutor would need to prove their allegations beyond a reasonable doubt. You have a right to council. Speaking generally, the police may take weeks or months to complete an investigation. While delays may hinder the defense's ability to obtain potentially exculpatory evidence, they often hinder the police's case as well because witnesses may not remember details, physical evidence may be lost or destroyed, and generally, the cases may be harder to pursue. If you are ultimately charged or if at anytime the police attempt to question or interrogate you, I'd recommend you retain an attorney to assist you.
Answered on Aug 31st, 2011 at 2:02 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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A couple of points: The owner of the property might have a civil case against you, but the owner does not press charges. Only the District Attorney can press charges, not an alleged victim. As far as the DA pressing charges, criminal charges can be filed at any time before the statute of limitations has run. For a misdemeanour such as trespassing, the statute of limitations would be one year.
Answered on Aug 31st, 2011 at 7:33 AM
Yes, you can be charged with a year after the incident.
Answered on Aug 30th, 2011 at 2:21 PM
Technically, if they charge you with a municipal violation, they have 6 months to file. If it is a state law violation, they have 18 months.
Answered on Aug 30th, 2011 at 2:06 PM
Roianne Houlton Conner
The owner has up to a year to bring charges.
Answered on Aug 30th, 2011 at 1:20 PM
Charges could still be brought if the prosecuting attorney decided to file a criminal complaint. The statute of limitations is much longer than 3 weeks.
Answered on Aug 30th, 2011 at 12:19 PM
Michael J. Breczinski
Well he could but the longer he waits the less likely the police will act on the complaint.
Answered on Aug 30th, 2011 at 8:49 AM
Yes, the Statute of Limitations is generally six years.
Answered on Aug 30th, 2011 at 7:24 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, the statute of limitations on most crimes is 6 years.
Answered on Aug 30th, 2011 at 6:58 AM
Bankruptcy Attorney serving Santa Ana, CA
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Law Offices of David L. Smith
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In many cases it will take the police department that long just to get to it.If they call you and want to talk, exercise your constitutional right not to talk about anything.If they arrest you it is a minor crime and should be able to be dealt with without a record.
Answered on Aug 30th, 2011 at 6:46 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. If the police will take the charge.
Answered on Aug 29th, 2011 at 9:01 PM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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Usually only a prosecuting authority can charge you with a crime and for misdemeanors they have up to a year and for gross misdemeanors they have up to two years to charge you.
Answered on Aug 29th, 2011 at 8:55 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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He can't charge you with anything. Only the prosecutor's office can. Is there a chance a report was taken and submitted to the DA's office for the filing of criminal charges? Yes. If the police weren't called out that night, odds are nothing is going to come of it. If you get anything in the mail from the court, the DA or law enforcement, then there may be a case filed, so don't ignore any official letters you get.
Answered on Aug 29th, 2011 at 8:31 PM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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He can file a complaint at any time. The decision to charge you with a crime lies with the city/county. Generally speaking the longer it's been, the less likely you will be charged. Chalk it up to lesson learned.
Answered on Aug 29th, 2011 at 8:31 PM
Yes, he can always report it to the police. He has 1 year to do it. Practically speaking, if you haven't heard anything for a few months, you probably won't be charged.
Answered on Aug 29th, 2011 at 8:30 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can be charged with a crime anytime as long as it is within the statute of limitations and this certainly is since the statute won't toll until six years from the incident date. However, it will be somewhat problematic if there was no incident report by the police from that night. The owner could also take a civil action against you as well.
Answered on Aug 29th, 2011 at 8:30 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Yes. The statute of limitations for a misdemeanor is 2 years. However, its less likely the owner will call the police if he didn't do it at the time.
Answered on Aug 29th, 2011 at 8:29 PM
Criminal Law (Defense) Attorney serving Overland Park, KS
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Gigstad Law Office, LLC
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The answer is yes. The prosecutor where you were caught has time to make the decision whether or not to prosecute you or not. I would contact an attorney in your area soon to discuss your situation.
Answered on Aug 29th, 2011 at 8:28 PM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Yes, you can still be charged.
Answered on Aug 29th, 2011 at 8:28 PM