QUESTION
I was arrested and charged with felony burglary for entering my own home. Charges were dropped after i proved it was my home. Do i have a case?
Asked on Feb 24th, 2017 on Civil Litigation - Utah
More details to this question:
My husband and i separated, he remained in our home and i moved out. The home is in both of our names. He changed the locks without telling me and I went in through an unlocked window to get some remaining items of mine. I was arrested, charged with Felony burglary and spent 2 days in jail. When i brought the documents to the police department proving my ownership of the house all charges were dropped. The police did not ask for any proof that it was my home until after i was arrested. They solely based their arrest on my husband stating that I "broke in" and that i had abandoned the home, it wasnt mine, and he was afraid of me.
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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I am sorry to hear about your experience. You may have a case, but it depends on against whom you wish to prosecute the case. Also, as you are separated, if you are divorcing your husband's conduct may be pertinent to your divorce action.
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
Answered on Feb 25th, 2017 at 11:01 AM