Q: Can I expect any charges regarding burglary? From a tenant who was more a squatter?
I lived there for years up till 6 years ago. My mom has lived there the past 23 years up till last weekend. When I moved out mom got a few different roommates to help. 2 years ago a lady moved in n my sis n her bf too After this last 6 months mom n step dad was ordered to vacate the house with no eviction. The landlord accidentily left my sisters bf n the lady off but they were all told to leave. The landlord just wanted to move on cuz the lady never helped and turned into a roommate that didn't pay rent After my folks left I swung by the house, as I always did for years cuz it was my mom's place, to grab a few keepsakes they left. Then my parents asked if I would grab a couple things outta the shed they left. So I did. Later that day the lady tenant 12hrs latr informed me she filed charges for coming to the house n entering the house n garage n threatened me...even tho when iwas there no one said anything me n my sister bf talked like friends a bit. Can I expect something from this?
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A:
Based on the information you provided, it seems that the situation is complex and there are several factors to consider. However, I can provide some general guidance on the potential legal implications.
In California, burglary is defined as entering a structure with the intent to commit a felony or theft once inside. If you had permission from your mother (a former tenant) to enter the house and retrieve items, and you did not have the intent to commit a crime, it is less likely that you would be charged with burglary.
However, the fact that the landlord had ordered all tenants to vacate the property complicates the situation. If the remaining tenants (your sister's boyfriend and the lady) had the legal right to occupy the property at the time you entered, and they did not give you permission to enter, they might claim that you committed trespass or burglary.
It is essential to note that filing a police report does not necessarily mean that charges will be pressed against you. The police will investigate the complaint and gather evidence. The District Attorney's office will then decide whether there is sufficient evidence to press charges.
To protect yourself, consider the following steps:
1. Document any communication you had with your mother or the landlord that could prove you had permission to enter the property and retrieve items.
2. If contacted by the police, exercise your right to remain silent and consult with a criminal defense attorney before making any statements.
3. Gather any evidence or witnesses that can support your version of events.
Remember, this is general advice based on the information provided. It is always best to consult with a qualified criminal defense attorney who can assess the specific details of your case and provide personalized legal guidance.
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