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A former tenant entered my daughter's apartment while she…

Customer Question
Hello. A former tenant...

Hello. A former tenant entered my daughter's apartment while she was away; tenant had a key copy and took a coffee table left behind when tenant moved out 8 months ago. Daughter filed police report but is not sure she should press charges. This occurred in NYC.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

NY. Sunday July 30, 2017

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 11 months ago.Category: Criminal Law
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Answered in 1 minute by:
8/1/2017
Criminal Lawyer: RobertJDFL, Lawyer replied 11 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,208
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Criminal Lawyer: RobertJDFL, Lawyer replied 11 months ago

Good morning,

Only the government, through the prosecutor's office, can actually file charges. So, it is ultimately up to the prosecutor's office to decide whether charges will be brought against this individual, now that your daughter has filed a police report. What will happen is that the police will conduct their investigation and may or may not make an arrest, but the report will be forwarded to the prosecutor's office for a final determination. The prosecutor's office may talk to her but they don't actually need her to say yes or no.

Since it doesn't sound like the person entered the home to commit a crime, but instead take property that they left behind, it probably would not be charged as a burglary, but rather as a trespass to a dwelling.

Your daughter may also wish to speak to a lawyer about possible civil action against the landlord for not changing the locks on the home or ensuring they had all of the keys. Although she was not thankfully harmed (and the fact that she did not suffer any damages may make any case unsupportable), the fact that the landlord was so negligent in this situation and allowed a former tenant to keep a key could have led to very big problems.

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Criminal Lawyer: RobertJDFL, Lawyer replied 11 months ago

If you need clarification or additional information about my answer, please reply without rating, and I'll be happy to assist you further. Otherwise, please remember to leave a positive rating by clicking on the stars at the top of the page so I am credited by the site. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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