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burglary/trespassing charge.

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ban1234

Junior Member
What is the name of your state (only U.S. law)? Texas

I went to my ex boyfriends house with an intent to take care of his dog. I had residency at his house (bills and mail). I was kicked out of his house from an argument that we had. I had my own passcode and a set of keys that was given to me from before the argument started.

He went to San Antonio and left the dog in the house and had no idea when he was going back. I go to his house try to put my code in but the battery on the door was dead, so I used my keys. I come in and my pass code for the security system has been deleted.

I took the dog and took off. He gets home and files a trespassing and theft charge on me and also said that I took $2k from a secret stash he had that only a certain number of people would know. He has black mailed me from another issue we had from the army and said If I called his chain of command and say that all the allegation was false that he would drop the charges. He wants to meet up and talk about it. Basically he is black mailing me for taking his dog and also for supposedly taking $2k from him.

How would I approach this situation and what can occur if I just give back the dog via 3rd party and not speak to him since he has no proof and there was no $2k that was stolen?
 


HighwayMan

Super Secret Senior Member
You had no residency in the house if you got "kicked out". Who's name was the lease or mortgage in? Did you pay rent?

How did you even know he was gone and left the dog alone? How do you know he didn't make other arrangements to take care of his dog?

If you were the only one to have keys to the residence and there was no sign of forced entry then it would be pretty obvious who entered the house and took the dog.
 

Mass_Shyster

Senior Member
He gets home and files a trespassing and theft charge on me
Only a prosecutor can file a charge. Your boyfriend can file a complaint.

If your boyfriend filed a complaint, you're best off not talking to the police, unless advised to do so by your attorney.

If you have been charged, talk to an attorney.

If you have been charged, only the prosecutor can drop the charges, not your boyfriend.

If boyfriend filed a complaint, he cannot 'unfile' the complaint.
 

tranquility

Senior Member
When students in a criminal law class get to talking around adult beverages, an old thinkem comes up.

Say a Sam thinks (incorrectly) that the DVR in Vic's house is his. One night, Sam sneaks into the house and takes the DVR and leaves. A spark leaps from the DVR plug as it is removed from the wall causing a fire in the house, killing Vic.

What result?

The theory of the result is far different from the reality of what happens. Just as in here, even though the burden of proof is on the State, they will make the case there was intent to take the dog on the entry to the apartment. The OP should get an attorney to prove her side of the story. It won't take it away from the world of crime, but it makes the world a lot less problematical.

In any event, be quiet and get an attorney.
 
I wish it was that easy to kick some one out here. If they refuse to leave you have to file eviction paperwork if they have a toothbrush in your house and have spent two nights at the residence.
 

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