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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I'm doing research on a trespassing charge I received when

Customer Question

I'm doing research on a trespassing charge I received when entering my ex fiancé home 3 weeks ago. My hearing is tomorrow, just trying to prepare
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Have you talked to a lawyer yet?
Customer: I've spoken to a few who assured me it's a winnable case.
JA: Anything else you think the lawyer should know?
Customer: We have a no contact order during the charge, she has since called me to inform me she's pregnant which adds some complexity. I didn't answer her call in compliance with the no contact, she left a voice mail
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.

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?

Customer: replied 1 year ago.
Im not sure on the win ratio, the counsel I've spoken to based upon the information given believed it. I entered her home, after placing the key I have into the lock and found the door to be already open. She called the police, told them she had taken the key back months ago. I left, police pulled me over I received a trespassing court date
Expert:  RobertJDFL replied 1 year ago.

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?

Expert:  RobertJDFL replied 1 year ago.

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

  1. Entered the lands or premises of another without lawful authority and after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant;
  2. Remained without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant; or
  3. Entered or remained without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. It is important to note that the factual basis for a criminal trespassing charge under this specific provision does not require a request to leave the premises nor does it not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.

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?