Q: So a while back i evidentally was trespassed from a residence from which i was living.
So a while back i evidentally was trespassed from a residence from which i was living. I then, couple weeks after that, i was welcomed back to the residence. Shortly after that i went to jail on an untelated charge that i was released from 3 months later. I then went back to that residence just to have one of the occupants call the police on me bc they simply didnt want me there. My question is this, since i was welcomed back into the home some months ago shouldnt that negate the original trespassing issue? Mind you, i never signed anything or recieved any sort of legal document saying i was trespassed from that home. Another fact, i had keys to the residemce and i still have my mail going there.
A: More particular facts are required but from what you describe, the trespass charge is not "negated". Calling an attorney would help. good luck
Kiele Linroth Pace agrees with this answer
A: An eviction is required to get rid of an actual resident, a trespass warning isn't good enough, even if the person has no lease. So, if you were a resident when the warning was giving, it might have been void from the start. Whether or not the place was your residence is a fact issue for trial. Your status as a resident certainly wouldn't get any better after 3 months away, and is obviously worse now than ever. I wouldn't go back at this point but I wouldn't just take a plea on the criminal trespass without discussing the matter privately with my attorney, including the validity of the original warning.
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