What is the name of your state (only U.S. law)? California
My girlfriend and I broke up about a month ago. It was a nasty breakup to say the least. I went to see her initially after the breakup and she called the police on me even though i was not being violent or acting irrational. After the police came they told me just to leave her alone and didn't take any record of it. After a few weeks she contacted me and we started talking again in a civilized way. We hung out a few times with me helping her with her papers for school and i still have those emails saved just in case i need them for evidence. We ended up getting into an argument over the phone and she started to ignore me.
I had a box of her things that i wanted to give to her but felt bad for throwing away. It was just a box of clothes she had left at my place and teddy bears. I texted her that i was going to drop it off but she never responded. I went to her house and went around the side to tap on her window that i was gonna give her her stuff back. Now i know it sounds odd that id come around the side of the house and not the front door, were both middle eastern and dating is very taboo so neither of our parents knew about us and we were keeping it that way, so anytime i came to see her shed tell me to come to her window and shes either sneak me in or come out. Anyway, i tapped on the window and she came to it and asked what i wanted. I had the box in my hand and i lifted it up and told her i had her stuff that i wanted to give back. She told me she had changed her number so she hadn't been getting my text messages. She said to email her my number and that shed call me in 20 mins and asked where i was waiting. I emailed it to her and have a copy of the email for the record. I went out of the backyard and waited by the end of the street and the police came about 10 minutes later. I was shocked. I wasn't acting angry or belligerent and if she had told me she was going to call the police again i would have left IMMEDIATELY.
The officer talked to me and got my side of the story and he checked out everything in my story and saw that the box i had just had old things in it from her and then went to get a statement from her. He then came back and said she was placing me under "citizens arrest" for trespassing. The officer did NOT arrest me. I have NOTHING on my record previously, not even a speeding ticket. The officer issued me a citation which has a court date on it and says PC 602-Trespassing on it and it has misdemeanor circled. I want nothing to do with this girl and all i wanted to do was return her stuff. Im scared out of my mind because im a pre-med student and am worried about this affecting my admissions if im convicted. What are the chances that the DA will choose to prosecute this? Ive been on the phone with attorneys all morning and some tell me that they will most likely not pursue as long as i don't contact her at all. Others tell me that this is extremely serious and that i NEED an attorney if i don't want this on my record at all. One of the attorneys told me that they are able to talk to the DA before the court date and can try to get it thrown out so i wont even have to appear in court. I have NO idea what to do. What are the most likely consequences if the DA does decide to prosecute?
My girlfriend and I broke up about a month ago. It was a nasty breakup to say the least. I went to see her initially after the breakup and she called the police on me even though i was not being violent or acting irrational. After the police came they told me just to leave her alone and didn't take any record of it. After a few weeks she contacted me and we started talking again in a civilized way. We hung out a few times with me helping her with her papers for school and i still have those emails saved just in case i need them for evidence. We ended up getting into an argument over the phone and she started to ignore me.
I had a box of her things that i wanted to give to her but felt bad for throwing away. It was just a box of clothes she had left at my place and teddy bears. I texted her that i was going to drop it off but she never responded. I went to her house and went around the side to tap on her window that i was gonna give her her stuff back. Now i know it sounds odd that id come around the side of the house and not the front door, were both middle eastern and dating is very taboo so neither of our parents knew about us and we were keeping it that way, so anytime i came to see her shed tell me to come to her window and shes either sneak me in or come out. Anyway, i tapped on the window and she came to it and asked what i wanted. I had the box in my hand and i lifted it up and told her i had her stuff that i wanted to give back. She told me she had changed her number so she hadn't been getting my text messages. She said to email her my number and that shed call me in 20 mins and asked where i was waiting. I emailed it to her and have a copy of the email for the record. I went out of the backyard and waited by the end of the street and the police came about 10 minutes later. I was shocked. I wasn't acting angry or belligerent and if she had told me she was going to call the police again i would have left IMMEDIATELY.
The officer talked to me and got my side of the story and he checked out everything in my story and saw that the box i had just had old things in it from her and then went to get a statement from her. He then came back and said she was placing me under "citizens arrest" for trespassing. The officer did NOT arrest me. I have NOTHING on my record previously, not even a speeding ticket. The officer issued me a citation which has a court date on it and says PC 602-Trespassing on it and it has misdemeanor circled. I want nothing to do with this girl and all i wanted to do was return her stuff. Im scared out of my mind because im a pre-med student and am worried about this affecting my admissions if im convicted. What are the chances that the DA will choose to prosecute this? Ive been on the phone with attorneys all morning and some tell me that they will most likely not pursue as long as i don't contact her at all. Others tell me that this is extremely serious and that i NEED an attorney if i don't want this on my record at all. One of the attorneys told me that they are able to talk to the DA before the court date and can try to get it thrown out so i wont even have to appear in court. I have NO idea what to do. What are the most likely consequences if the DA does decide to prosecute?