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Is this a crime !?!

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Serious999

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What is the name of your state? FL

Hi,
Right to the point.
Me and my wife are separated for 2 months, she is staying in her house and I moved out and bought my own house. As reqired I did a change of mailing address, however, some mail, particularly mail from my mother in Russia, is still getting back to her mailing address. So, time to time, I'm stopping by to pick up mail at her house. Recently, my wife was away for a week on the trip. Consequently, I stopped one day to pick up the mail and entered the house with the house key for that. I have the house key and she also knows the combination of my door at my house. After she got back, neighbors said they saw me in the house (well, big deal, I wasn't hiding or anything I even said hello). Now she is filing criminal charges for "braking and entering".
Can she persecute me for that? Is this a crime to get own mail? What are my options? Is a defence possible?
PLEASE HELP.
:confused:
 


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hmmbrdzz

Guest
You said: "Recently, my wife was away for a week on the trip. Consequently, I stopped one day to pick up the mail and entered the house with the house key for that."

It would be wise not to use the word "consequently" at the point you did in the above description. Yes she can file charges, and your defense could be that she had given you consent to enter the house with a key. If she didn't give you consent to enter after separation and you entered anyhow (and her story is more convincing than yours), you can be convicted of breaking and entering. Just because you spoke to the neighbors does not mean you weren't breaking and entering, nor would the fact that she has the combination to your house lock. What matters is whether or not you had permission from her to enter her house.

hmmbrdzz
 
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Serious999

Guest
Thank you for information and advise.
Obvously, she will file for a divorce now, but prior to that - does the fact that we are still married plays any positive role in the eyes of law on accessing "marrital property" ? Or the fact that even if she was saying about me not seeing her, we still were exchanging gifts, having pictures together, I was having dinner at her house and we were exchanging calls/emails time to time?
At this point I don't want to do anything with her, I'm just thinking about a defence side.
Another Q. For this type of violation - what am I looking at, max and min. (No prior convictions, 1 PTI record in proccess of expanging for harassing phone calls)
 
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