Criminal Law Questions? Ask a Criminal Lawyer.
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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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