Is this a crime !?!

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.

has legal seperation been filed for? is your name on the lease/title for the house? if a legal seperation has been filed i don't know what all that entails, but if there is no legal seperation and you guys are just split ameniably, that house should be marrital property and unless there is some order saying that you can't be near her or her dwelling.

rmcnellis said:

has legal seperation been filed for? is your name on the lease/title for the house? if a legal seperation has been filed i don't know what all that entails, but if there is no legal seperation and you guys are just split ameniably, that house should be marrital property and unless there is some order saying that you can't be near her or her dwelling.

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Thank you for the quick reply.
Here is the legal situation.
We been married for 2 years. Legal separation was not filled. But my name is not on the house Title or Deed. It's completelly her house from previous marriage. There are no orders preventing me from seeing her, step daughter or being on that property.
At this point she is saying that she warned me multiple times she doesn't want to see me or me contacting her, but again I was visiting her and my step daughter a few days prior to incident, for about an hour - hour and a half.
With all that what the maximun trouble she can give me or what kinds of other prove she can bring to make it an "Intervention of her privacy"? Can she file a restraining order?

Thank you.

And here's the rest of the story -- and yes again -- you can be arrested for B&E. You apparently didn't believe her when she told you to stay away and leave her alone. And yes -- she can get you in a lot of trouble if she has told you "leave me alone" and you don't. She can easily get a restraining order against you, she can have you arrested for trespassing if you show up one more time, and she can have your arrested for stalking if you keep it up. If she does nothing but get a restraining order, you'll go to jail next time you pop up in her life. Get smart. Leave her alone. She's pretty much shown you she's not "messing around" anymore.

hmmbrdzz

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)

There are all kinds of B&E charges and sentencing guidelines. I don't know the min / max time you could be sentenced on whatever B&E charge / conviction you receive. You've got a history of harassment and a history with her -- both will be considered. Just because you are married doesn't mean you have legal rights to gain access to her house or go on her property. According to your note, you were accessing your mail at a time when you knew she was on vacation and wasn't home. She has a legal right to expect her property to not be entered by you if she has told you not to and you are "separated". She apparently told you not to enter, and you did it anyhow. If you want the minimum penalty, fines, time, etc., you will need an attorney. Perhaps someone else here with legal expertise on B&E's will give you more info than I have on what your chances are.

Good luck anyhow.

hmmbrdzz

I'm seeing Trespassing Not B&E.... after all you had a key, you didnt break in... JMO...



Abstract: 810.08 Trespass in structure or conveyance. (2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. (b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s.


810.08 Trespass in structure or conveyance.--
(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(3) As used in this section, the term "person authorized" means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.

quoted from the link below:

http://www.flsenate.gov/Statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0810/SEC08.HTM

You have done more than trespassed. Having a key has nothing to do with whether or not you will be judged as having unlawfully entered her house and/or whether or not you did so to unlawfully take something from her house, (i.e. your mail). Get an attorney if you want good legal advice.


hmmbrdzz

Thanks "nailtech" for info. Pretty useful.

To "hmmmbrdz":
that's the route she is taking, trying to separate the incident from the fact that we're still married.

To "DMorman":

The key I had from long ago since we were together. Multiple copies of all house keys were made in case it gets lost (which happened). It never came to the point of me giving all the keys away (except Garage Door opener & one from my ring for the door). Divorce papers were never filled. And obviously, some of my belongings are still there. I am not even talking about the stuff of mine I left for her: furniture, TV, stereo, electronics, computer, tools, etc, etc. Because initialy, the separation on both sides was never ment to break the marriage completely apart - just take the time off and end up the fights. But now it grew up into something that I feel sorry I ever met her in my life.
"hmmmbrdz" is right I need to get a lawyer (great - extra expenses and potential big troubles I'm 'so looking forward to').

Serious999. She can do it, too. Sorry you've got to pay the expense of an attorney, but you need one. Good luck.

hmmbrdzz