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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Recieved summons in structure from former employer
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Customer Question

Customer: ***** ***** recieved summons for trespass in structure from former employer
JA: Thanks. Can you give me any more details about your issue?
Customer: i was employed as a Home Health aide with Helping Hands, I worled with Ms C since Jan 2013. In June 2015 I had surgery and was going to return working with Ms C in Sept afer clearance from Dr/HH. However ended up moving 9/15, so I didn't return to work with Ms C. I had left my laptop at ms C in June at her house. I went to her house on 9/5 to retrieve it. they were not home, but I went in and got my laptop and left. I had a key to home. THe next am the police were called as the night shift person was using the laptop and and told the am shift that it was stolen. I verfiied that it was my laptop on phone when police were on scene. I never heard anythign more from HH or Ms C about key or these charges till I got this summons. I now live in KY and am just confused on what my next step should be? call SA offfice? laywer? HH?
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Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello,

Are you saying that you stopped working in this household in June and then used a key in September to retrieve your laptop without the permission of the tenant of the property?

Customer: replied 11 months ago.
Customer: replied 11 months ago.
technically. I was still assigned to Ms C case but was not working as i was on leave.
Expert:  Zoey_ JD replied 11 months ago.

Thanks for the prompt reply.

This appears then to make out the elements of a trespass. Even if you have a key, you were no longer working at that house and you did not have permission or authority to remove your laptop. The fact that all you did was retrieve your laptop makes this case a trespass instead of a burglary, but it doesn't give you the right to just walk back into this home without permission.

Nevertheless, under all of the facts and circumstances here and the fact that technically speaking you were on leave from the position, you may very well be able to come out of this matter without a criminal conviction and without risking your license to do home health care. But this is something that would have to be negotiated.

Your next step should be to contact a criminal lawyer in the jurisdiction where this case is being charged and see how much of this he can handle for you without you having to leave Kentucky. If the complainant is sympathetic to your situation and you get a lawyer involved early, perhaps the lawyer can bargain for some kind of dismissal. Otherwise, you're going to have to address these charges in court and see if your lawyer can negotiate another sort of disposition such as a reduction to an infraction if your state allows for that or for a diversion or deferred adjudication which would allow you to avoid a trial and a conviction, if you comply with the terms of your sentence.

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