Trespassing laws | Imamother

amother

Lilac

Tue, Aug 29 2017, 12:01 am

amother wrote:

If they don't press charges, there are no witnesses, there are no accusations, there is nothing to discuss at court.

(Domestic Violence is an exception.)

Um, so there were witnesses. OP et al.

WhatFor

Tue, Aug 29 2017, 12:19 am

In criminal matters it's generally a government body (or the district attorney) that officially chooses whether or not to press charges. That goes even for seemingly private matters like trespassing.

I believe the reason why you often require an individual to "press charges" is because sometimes testimony is the only evidence, and without it, the case is so weak there is no point in bringing it.

Think about it from the DA's perspective. Let's say Levi catches Reuven trespassing on Shimon's property and Shimon doesn't care. The DA still has an interest in protecting the city's inhabitants from trespassers like Reuven. Even if Shimon doesn't care, maybe Levi and Yehuda will care if it happens to them so the DA can still press charges if it wants to reform Reuven.

Of course, if the police believe Reuven feels contrite when they show up to investigate, they may decide that no one was harmed, there's no danger of it happening again, and they can let it go this time.

But if Shimon is very upset about it, the police show up, and Reuven is not only not contrite, but is arguing and indicating that he believes he is entitled to trespass on his neighbor's property, the police may believe that Reuven needs to be reformed to protect Shimon and others from Reuven's trespassing.

mommy3b2c

Tue, Aug 29 2017, 12:30 am

amother wrote:

That's appalling. NY?

This entire story is extremely bizarre.

Yes. This was in New York. This same neighbor burglarized my home, but there was nothing we could do about it, because the only witness, the abused girlfriend, wouldn't testify.

amother

Cobalt

Tue, Aug 29 2017, 1:34 am

mommy3b2c wrote:

Yes. This was in New York. This same neighbor burglarized my home, but there was nothing we could do about it, because the only witness, the abused girlfriend, wouldn't testify.

Wow! I feel sorry for you "mommy3b2c". So you didn't get any of the stolen items back?

Perhaps the g/friend wouldn't testify, and likewise she didn't press charges when she was beaten up by your neighbor, b/c the neighbor terrorized her that if she squealed on them they'd do something really bad to her...

It happens.

amother

Cobalt

Tue, Aug 29 2017, 1:41 am

ahem, so I learned something about the American legal system from this thread.
seems like, not sure if OP is gonna tell us the end of the story as much as we'd like to know.

remember, her dh wasn't so keen about her posting the events.

He's right.

WhatFor

Tue, Aug 29 2017, 7:58 am

mommy3b2c wrote:

And if op says she saw nothing?

Based on the fact that there was an argument with the police, it's possible op's statement is already in the police report. (OP could have said she saw her friend go there just to get the ball, and the police can use their own report as evidence.)

FWIW, this is such a low level crime, the friend is probably going to be convinced to plead guilty to some low level violation and it's probably not going to be a major deal in the end.

Unless, of course, there's more we don't know.

33055

Tue, Aug 29 2017, 8:24 am

WhatFor wrote:

Based on the "facts" as we know it, I would guess ACD - adjournment in contemplation of dismissal. If the famous 19 year old had a clean record and stays out of trouble for a certain time period like 6 months, then the charges are likely to be dismissed.

Of course the famous 19 year old should see a lawyer. This isn't legal advice.

mommy3b2c

Tue, Aug 29 2017, 9:23 am

amother wrote:

It was cash and no I didn't get it back.