More details to this question:
My husband and I were looking at abandon / foreclosed homes in our area. We went into one through the garage and were check it out. Someone called the police and we came out the garage door to meet the police standing there. My husband who is a concealed carrier had his on him. We didn't take anything, we were looking to see the condition of the home and to see if any contact information was there. There were a lot of junk items left behind, and no contact info. They said that if they find the owners and they wish to press charges they would charge my husband with felony trespass and me with misdemeanor trespass. Can they do this? Should we be worried? It is foreclosed on.
11 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 21st, 2013 at 1:08 AM
Michael J. Breczinski
I would worry only if they press the charges. But you should get a lawyer in the meantime.
Answered on Nov 04th, 2012 at 1:48 AM
1 Award
Yes, it's possible they will charge you. I would not talk to the police without a lawyer present. You have some good arguments in your defense, so you don't want to admit anything to the police.
Answered on Nov 02nd, 2012 at 11:49 PM
John J. Carney
You had no right to enter the home and it could have been charged as a burglary. You should contact an attorney to get the matter dismissed or reduced.
Answered on Nov 02nd, 2012 at 11:49 PM
Steven D. Dunnings
Not likely, but it is a misdemeanor offense.
Answered on Nov 02nd, 2012 at 11:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, if the owner determines to make a complaint. Get an attorney before speaking any more to the authorities and look from the outside in.
Answered on Nov 02nd, 2012 at 10:04 PM
Thomas Edward Gates
Yes, you can be arrested being the property of another person uninvited.
Answered on Nov 02nd, 2012 at 9:57 PM
4 Awards
They could charge you but you may have a good defense for lack of mens rea. Talk with a good local lawyer.
Answered on Nov 02nd, 2012 at 2:00 AM
Gary Moore
It is hard to imagine that someone who has vacated a house as a consequence of a mortgage foreclosure would care. Sometimes the police have had a bad day. You may have been the thirtieth curiosity trepasser and were prepissed off before they encountered you. I would not worry. Secondly, in New Jersey trespassing is never more than a disorderly persons offense.
Answered on Nov 02nd, 2012 at 2:00 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes they can do this. You are lucky that they do not want to charge you with burglary. Get an attorney.
Answered on Nov 02nd, 2012 at 2:00 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Somebody other than you owns it so technically you were trespassing. Whether the police follow up is likely a function of where this took place and how busy they are.
Answered on Nov 02nd, 2012 at 1:59 AM