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Thank you for using Just Answer. I look forward to helping you this evening.What was it specifically you wanted to know about the trespassing charge? Can you give a little detail about what happened, why you think it's winnable?
Sorry for the delay -- I never got notification you replied. Let me look up the trespassing law in Michigan now. In the meantime, did you have a specific question about it, or just want an opinion on what I think the outcome might be?Also, did the police know you had the key when you were stopped?
As you've probably already seen,
In order to be convicted of criminal trespassing, MCL 750.552, the state or prosecutor must prove (beyond a reasonable doubt) that the individual charged had
Essentially, the individual must have entered the land of another and been told to leave or provided with a lack of authority to enter in the first place. This is the crux of a criminal trespassing charge, meaning that simply entering a land of another does not fulfill criminal trespassing. Something more needs to be included, which is the rejection of authority to enter either before or after the entry has occurred.So, she either would have had to tell you that you weren't allowed in the house before you went that there night, or when you entered she would have had to tell you to leave and you refuse. You had a key, so she couldn't have taken it away months ago. And if I'm understanding you, when she called the police, you did in fact leave. So there seems to an element lacking unless a) you still had a key but she did in fact tell you that you weren't welcome prior to that night or b) she intends to lie through her teeth about the facts.Were you living there at the time? Why were you going there?