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AttySince1978, Lawyer
Category: Criminal Law
Satisfied Customers: 931
Experience:  Attorney since 1978, former Judge Pro Tem, former S.F. Police Officer
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my husband had a criminal tresspassing on him in an apartment

Resolved Question:

my husband had a criminal tresspassing on him in an apartment i was living in. I moved to a different apartment but not the same complex, just down the street from they apartments..The cop that knew he had a charge on him in the apartment i moved out of. he was walking to my new place to hook up my dryer. this cop. tresspassed him there when he had done anything. Is this legal or is it because he's black;
Submitted: 8 years ago.
Category: Criminal Law
Expert:  AttySince1978 replied 8 years ago.
My answer is that your husband has a strong defense by telling the Judge that he was invited to the building to hook up your dryer.

If you are a legal tenant of the apartment than you have a right to have people visit you if you need help with fixing equipment. In addition, he also has a right since you invited him and he is your husband.

I doubt if there was a restraining order against him preventing him from walking to your new place. You will need to tell the Judge that you asked him to come over your apartment because you needed help to hook up your dryer. This is a good reason to ask for his help. I also think you are right about the fact of discrimination. If a white man was walking down the street to visit his wife he would never be arrested by the police, especially if the white man was invited to come over and fix some equipment for you that you need.

I believe that this case against your husband will never hold up in court. You have rights to seek help to hook up your dryer and you have a right to ask your husband to help you hook it up for you.

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