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soloprac
soloprac, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 664
Experience:  Five years exclusive court house criminal law practice.
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I quit my job and forgot some personal property.A week ...

Resolved Question:

I quit my job and forgot some personal property.A week later I went back and retrieved it.I had to borrow a key from an employee to open a gate to get one of the items.I then informed my former supervisor of what I had done.He had no problem with this.A week later I was arrested for criminal trespassing.Does this sound reasonable?There was no question that the items were mine.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  soloprac replied 8 years ago.

DearCustomer

What state did this occur in?

 

Thanks,

soloprac

Customer: replied 8 years ago.
Reply to soloprac's Post: Illinois
Expert:  soloprac replied 8 years ago.

The problem with what you have described is that by borrowing a key to an area you, yourself, could not get access to you were technically trespassing. It does not matter that this was your property - it was in an area you were not supposed to be in. However, I don't think this is something you wouldn't be able to clear up by explaining your story to the officer.

I will post the language of the statute below for your information.

720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
Sec. 21-3. Criminal trespass to real property.
(a) Except as provided in subsection (a-5), whoever:
(1) knowingly and without lawful authority enters or
remains within or on a building; or
(2) enters upon the land of another, after receiving,
prior to such entry, notice from the owner or occupant that such entry is forbidden; or
(3) remains upon the land of another, after receiving
notice from the owner or occupant to depart; or
(3.5) presents false documents or falsely represents
his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
commits a Class B misdemeanor.
For purposes of item (1) of this subsection, this Section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this Section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.
(a-5) Except as otherwise provided in this subsection, whoever enters upon any of the following areas in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart commits a Class A misdemeanor

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