Your question is unclear to provide an adequate response. If you are asking can a person be charged with burglary even if they were not trespassing, the answer is yes. Trespassing and Burglary are two separate crimes. It sounds like you should hire a criminal defense attorney if you believe that your son is innocent of the charges.
I agree with counsel that you are not required to inform your tenants of your loan modification negotiations. You may be able to reach a favorable result with your lender and avoid foreclosure. Therefore, Its not until you receive a Notice of Default that you need to inform them of a possible foreclosure.
Unfortunately because the lock out has already occurred and possession of the property has been given to the new owner, filing a motion to ask the court to give you more time to move is not likely to be granted. I agree with counsel that you should focus your efforts on removing your property to avoid any loss.
You may want to consider taking him to small claims. You may also want to consider getting an attorney involved to see if he/she can settle this matter without having to go to court given this is your landlord. In either case, it would be unlawful for your landlord to retaliate against you if you decided to exercise your right to seek the money he owes you.
If your attorney has information that would show your innocence in a civil or criminal case, I cant imagine why the attorney would not present that information. Have you discussed this with your attorney? It may be that what you believe is reputable and credible evidence showing your innocence, may actually work against you if admitted during trial.
I agree that your residency status would not be affected. If you honestly believe he had fraudulent pretenses in marrying you, then you could report him to Immigration and Customs Enforcement (ICE). Was your husband given a conditional green card? If so, you can simply choose not to participate in the filing and interview required to have the conditions removed from his green card.
In issues involving children, the court considers "the best interest of the child" when resolving disputes. Even if this man has a marijuana license, your ex husband can always raise this is an issue with the court when determining custody or visitation if he believes that the man's influence will be harmful to the children. Whether or not your ex-husband's concerns are persuasive is another issue.
If you had a bona fide lease agreement, the new owner was required to give you 90 days notice and the 3 day notice would be defective. You can raise this as a defense in your Answer or in a Motion for Summary Judgment to have the eviction dismissed. However, you should consult with an attorney in your area immediately to review the specifics of your case and to prepare the appropriate responsive pleading.
Below is a link to the CA court's Self-Help website. You can receive free legal assistance in preparing various documents and filings for your case.