DV Criminal Trespass

[L1am]

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

 

[L1am]

Washington

So this guy was living with his girlfriend and they were having a really tough time and kinda both knew it wasn't working out, one day she tells him to pack his **** and move out because when He moved in it was her apartment with a Roomate who moved out when He moved in. He paid rent every month they would each pay half, He even paid it all when she lost her job for 2 months. He lived there paying rent for almost a year so He had established residency I think. Anyways when He told her it would take a few days to move out and find a new place she took his key off his keychain when He was packing stuff into his car and locked the apartment door on him and then wouldn't answer the door or phone so He climbed in through the window and continued packing his things. She freaked out and called the cops who came and told him it was his residence too so he has rights there. He got as much of his stuff as He could grab in a few minutes with a bunch of cops breathing down his neck and told them there's no way He could possibly get all of his stuff that quickly and they said well maybe you guys can work that out later when things calm down. He left and a few hours later i realized He had left a bunch of rented equipment (that He paid for and is in his name) at the apartment because she had taken it out of his things when she locked him out. He knew she would be at work and so He went back to His apartment and climbed through the window to grab the rest of his things and left, touching nothing else. I am still pretty sure He had a legal right to do that as it would be her forcing him to end his residency not my his choice so wouldn't he still be a resident seeing as He had just started to even pack his things and only because he was forced to do so? Anyways.. He was charged with DV Criminal Tresspass 1st degree

Any help is greatly appreciated
Hope i provided enough details?
Thank you

 

[sandyclaus]

Washington

So this guy was living with his girlfriend and they were having a really tough time and kinda both knew it wasn't working out, one day she tells him to pack his **** and move out because when He moved in it was her apartment with a Roomate who moved out when He moved in. He paid rent every month they would each pay half, He even paid it all when she lost her job for 2 months. He lived there paying rent for almost a year so He had established residency I think. Anyways when He told her it would take a few days to move out and find a new place she took his key off his keychain when He was packing stuff into his car and locked the apartment door on him and then wouldn't answer the door or phone so He climbed in through the window and continued packing his things. She freaked out and called the cops who came and told him it was his residence too so he has rights there. He got as much of his stuff as He could grab in a few minutes with a bunch of cops breathing down his neck and told them there's no way He could possibly get all of his stuff that quickly and they said well maybe you guys can work that out later when things calm down. He left and a few hours later i realized He had left a bunch of rented equipment (that He paid for and is in his name) at the apartment because she had taken it out of his things when she locked him out. He knew she would be at work and so He went back to His apartment and climbed through the window to grab the rest of his things and left, touching nothing else. I am still pretty sure He had a legal right to do that as it would be her forcing him to end his residency not my his choice so wouldn't he still be a resident seeing as He had just started to even pack his things and only because he was forced to do so? Anyways.. He was charged with DV Criminal Tresspass 1st degree

Any help is greatly appreciated
Hope i provided enough details?
Thank you

It sounds like he may have been within his rights to enter, but should have taken a police officer to escort him when he did so. Why didn't he do that when he knew she was going to be home?

Tell your friend to get an attorney.

 

[stealth2]

Washington

So this guy was living with his girlfriend and they were having a really tough time and kinda both knew it wasn't working out, one day she tells him to pack his **** and move out because when He moved in it was her apartment with a Roomate who moved out when He moved in. He paid rent every month they would each pay half, He even paid it all when she lost her job for 2 months. He lived there paying rent for almost a year so He had established residency I think. Anyways when He told her it would take a few days to move out and find a new place she took his key off his keychain when He was packing stuff into his car and locked the apartment door on him and then wouldn't answer the door or phone so He climbed in through the window and continued packing his things. She freaked out and called the cops who came and told him it was his residence too so he has rights there. He got as much of his stuff as He could grab in a few minutes with a bunch of cops breathing down his neck and told them there's no way He could possibly get all of his stuff that quickly and they said well maybe you guys can work that out later when things calm down. He left and a few hours later i realized He had left a bunch of rented equipment (that He paid for and is in his name) at the apartment because she had taken it out of his things when she locked him out. He knew she would be at work and so He went back to His apartment and climbed through the window to grab the rest of his things and left, touching nothing else. I am still pretty sure He had a legal right to do that as it would be her forcing him to end his residency not my his choice so wouldn't he still be a resident seeing as He had just started to even pack his things and only because he was forced to do so? Anyways.. He was charged with DV Criminal Tresspass 1st degree

Any help is greatly appreciated
Hope i provided enough details?
Thank you

How did *you* realize what *he* left?

 

[Ladyback1]

He knew she would be at work and so He went back to His apartment and climbed through the window to grab the rest of his things and left, touching nothing else. I am still pretty sure He had a legal right to do that as it would be her forcing him to end his residency not my his choice so wouldn't he still be a resident seeing as He had just started to even pack his things and only because he was forced to do so? Anyways.. He was charged with DV Criminal Tresspass 1st degree

Any help is greatly appreciated
Hope i provided enough details?
Thank you

He did not have the right to crawl through a window to retrieve his stuff. Unlawful entry and all that...

There were proper channels, procedures, etc. he needed to go through to retrieve his belongings. In his anger, he chose to break the law!

You or shall we say "this guy" needs to be finding an attorney

 

[Ohiogal]

He did not have the right to crawl through a window to retrieve his stuff. Unlawful entry and all that...

There were proper channels, procedures, etc. he needed to go through to retrieve his belongings. In his anger, he chose to break the law!

You or shall we say "this guy" needs to be finding an attorney

Actually if this was his residence, he had a right to entry and it would not have been unlawful. If he had been evicted however that would be a different story.

 

[Ladyback1]

Actually if this was his residence, he had a right to entry and it would not have been unlawful. If he had been evicted however that would be a different story.

I think, it would be so much easier and make the world a better place, if, in these circumstances, the parties involved behaved like adults! But, as so often in these situations one or both parties behave like spoiled brats.

So, either the OP's *friend* will need to establish that this was residence (to the court) and he wasn't evicted....or he should obtain legal counsel to help him with this issue. From what I found, the charge is a gross misdemeanor and carries a hefty fine and possibly jail time; and because it was a DV charge it cannot be expunged/sealed, if the *friend* is found guilty.

 

[single317dad]

Somehow a civil dispute has been escalated to a criminal charge. Both criminal trespass statutes require "knowingly" entering or remaining unlawfully. There's probably way more to this story.

 

[L1am]

He wasn't evicted so it was still his residence right? but he was not on lease and had paid rent in cash every month. He can't afford an attorney so will be stuck with a public defender.

 

[Silverplum]

He wasn't evicted so it was still his residence right? but he was not on lease and had paid rent in cash every month. He can't afford an attorney so will be stuck with a public defender.

What do you think is the #1 job qualification to be a public defender?

 

[Ohiogal]

What do you think is the #1 job qualification to be a public defender?

Gotta love the meddler's ignorance.

 

[tranquility]

I think he needs two attorneys. One, for the criminal defense and the second to sue the Ex. If what was said here was the complete truth, he should be able to explain things (through his attorney) to get the charges dropped. Also, a lock out will hurt the Ex as will possible claim of defamation or false arrest. (Depending on the circumstances.)

I don't see how OP[friend] isn't a tenant or that the house/apartment isn't his legal residence. Unless there is some court order out there or an agreement to be out, I just don't see it.

Which makes me think Ex has either fabricated quite a story to the police OR the OP has fabricated or not been told the story by his friend.

 

[Silverplum]

I think he needs two attorneys. One, for the criminal defense and the second to sue the Ex. If what was said here was the complete truth, he should be able to explain things (through his attorney) to get the charges dropped. Also, a lock out will hurt the Ex as will possible claim of defamation or false arrest. (Depending on the circumstances.)

I don't see how OP[friend] isn't a tenant or that the house/apartment isn't his legal residence. Unless there is some court order out there or an agreement to be out, I just don't see it.

Which makes me think Ex has either fabricated quite a story to the police OR the OP has fabricated or not been told the story by his friend.

That's a big reason we don't care for 3rd party posts. The 3rd party never has all the pertinent details.

 

[Ladyback1]

What do you think is the #1 job qualification to be a public defender?

well....the ones I work with have degrees in Conversational Sanskrit, Underwater, upside down basket weaving (the basket is upside down not the weaver!), and Advanced MicroMonopoly, to name just a few. But they did a fair job passing the bar, and do a really decent job of defending those who can't afford a "lawyer"!

(I actually do work in the Public Defender's office....and all of our PDs are actual attorneys (gasp) licensed to practice in the state)

 

[Banned_Princess]

Washington

So this guy was living with his girlfriend and they were having a really tough time and kinda both knew it wasn't working out, one day she tells him to pack his **** and move out because when He moved in it was her apartment with a Roomate who moved out when He moved in. He paid rent every month they would each pay half, He even paid it all when she lost her job for 2 months. He lived there paying rent for almost a year so He had established residency I think. Anyways when He told her it would take a few days to move out and find a new place she took his key off his keychain when He was packing stuff into his car and locked the apartment door on him and then wouldn't answer the door or phone so He climbed in through the window and continued packing his things. She freaked out and called the cops who came and told him it was his residence too so he has rights there. He got as much of his stuff as He could grab in a few minutes with a bunch of cops breathing down his neck and told them there's no way He could possibly get all of his stuff that quickly and they said well maybe you guys can work that out later when things calm down. He left and a few hours later i realized He had left a bunch of rented equipment (that He paid for and is in his name) at the apartment because she had taken it out of his things when she locked him out. He knew she would be at work and so He went back to His apartment and climbed through the window to grab the rest of his things and left, touching nothing else. I am still pretty sure He had a legal right to do that as it would be her forcing him to end his residency not my his choice so wouldn't he still be a resident seeing as He had just started to even pack his things and only because he was forced to do so? Anyways.. He was charged with DV Criminal Tresspass 1st degree

Any help is greatly appreciated
Hope i provided enough details?
Thank you

Forcing him to end his tenancy, not MY his choice.