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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101607
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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We went to visit my friends family in a motor home and had a

Customer Question

We went to visit my friends family in a motor home and had a problem of a dead battery.
We were parked on the street next to a home that is for sale. While working on a solution and man walking his dog from the neighborhood stopped by and said why don't we plug you into this place here and see if you can charge the battery? I am sure they won't mind.
So, he plugged the cord in. It did not solve our problem and we decided if we left it plugged in a while it might help. We went to dinner and when we returned had a note on the door to call the police department. I had put the cord away at this time. When the police came he said they received a call from the home owner wanting to charge us with trespassing and theft. So, they wrote me a summons to court with the trespassing and theft charges. Ironically when we got the motor home going the next morning and moved we learned that are problem was a bad power cord and we was not getting any power through it. What shall I do now?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me what state this is in?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.

I am sorry, I just noticed that you deed indeed provide a state - COLORADO. My apologies about that.

This is a rather unique situation. Technically, someone in your situation was indeed trespassing on the property, and also stealing electricity - something that the owner of the property would have had to pay for.

However, this may be likely dismissed. For the theft charge, one can simply explain that the cord was faulty. As for the trespass charge, I am going to assume that you have no priors. Once the Prosecutor sees the situation, the matter will very likely be dismissed, or at the very least a plea deal would be struck.

NOTE that the first hearing is not the last. At the first hearing, one simply makes a plea (not guilty if one wants to not admit to anything), and then the matter will be reset at least once or twice to allow for negotiation. At this time, one's attorney will negotiate with the prosecutor to possibly have the case dismissed. But counsel should be used for best results.

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