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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27010
Experience:  More than 20 years of experience practicing law.
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The night before my girlfriends sugery, the priest at the

Customer Question

The night before my girlfriends sugery, the priest at the hospital told me to remove my things because the kids could kick me out at any given time with their power of attorney left by their mother. I did such and as ibwasbmoving things to a neighbors house my key and keyless entry were taken. I spent hrs to no evail funding then. She and her son was the only ine in the room at the time. I had to get new key for Toyota chip key made at 1030 pm . Still no keys I licked my car which was in their garage and they were able to ask me for an item that only I knew where it was. Is that breaking and entering?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard
I hope your girl friend's surgery was successful.

To be clear, the key for your car was taken. You do not yet have it, and then the son asked you for something in your car, that the only way he could have known was there is if he somehow gained access to the car? And you are wondering if his access is breaking and entering?

Expert:  Sam replied 1 year ago.

I suggest that it would be considered 2nd Degree Trespass as per the Colorado Statutes

18-4-503. Second degree criminal trespass.

(1) A person commits the crime of second degree criminal trespass if such person:

(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or

(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or

(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.

(2) Second degree criminal trespass is a class 3 misdemeanor

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you