Can i get charged for trespassing if i recieved permission from someone who lives there?
My friend goes out of town and says i can stay at her house w a few friends for a little. I ended up driving the truck that was there to get food popped tire and parked back st there house they found out by neighbors and havent pressed charges yet but i dont know what they can try and charge me for
Although I agree with my colleagues in principle, I am going to differ with them in my answer for the following reason:
We don't know what your friend is going to claim to the police. Your friend could claim you didn't have permission to go into the house or to use the car. This could lead to serious felony charges.
While this is unlikely, I have seen stranger things happen in my years in Chicago. Sometimes friends don't stay friends, and then make stuff up.
As far as the car is concerned, you could be charged with the misdemeanor trespass offense. You could also get charged with Possession of a Stolen Motor Vehicle or Burglary to the Vehicle. Both are Class 2 felonies that could carry probation for first time offenders, or anywhere between 3-7 years in the Illinois Department of Corrections. If you have a prior criminal record that puts you within an Illinois 3 strikes law, it could be a mandatory 6-30 years in prison.
If your friend starts saying you didn't have permission to go into the house, you could be charged with the misdemeanor trespass offense. You could also get charged with Residential Burglary, a 4-15 year offense which is also non-probationable.
So, if the police want to talk to you about this, you want and need a lawyer. I wouldn't say anything unless and until you consult with one. That can make the difference between your freedom and you unintentionally doing damage to yourself that gets you into a worse position.
Based on what you're saying, it sounds like you have a defensible case. You still need a good lawyer to help you out. You can't just tell the truth to a cop and expect them to accept that. Some police officers will do exactly that, and some won't.
It's your lawyer's job to protect you. Police and prosecutors won't see their job as trying to help you.
Good luck.
You can certainly be charged, but it would not be by the neighbors, it would be by the State. All the neighbors can do is to give the police such information as they have. If a police investigation reveals that you were in the house with the permission of the owner you are unlikely to be charged. On the other hand, if the police do not learn that you had permission, or if they learn that your conduct in the house exceeded your permission or was otherwise criminal, some charges are possible. Whether a criminal charge results in a conviction, of course, depends on the evidence that is presented in court. The State would have to prove any charge beyond a reasonable doubt.
Clearly you had permission to remain with in the residence. So the charge of criminal trespass to land or residence is unlikely. However, you did not have permission to use the vehicle. You could absolutely be charged with criminal trespass to a motor vehicle. You can also be charged with criminal damage to property for damaging the tire. Both of these are class “a” misdemeanor‘s. That means you could face fines from zero to $2500 plus court costs each. You could also receive a jail sentence from zero days to 364 days in the county jail. Or, you could receive any combination of the two. Next time it would be wise to limit what you do to match the permission that you have to avoid this type of situation. Hire a well-qualified criminal defense attorney to assist you with this matter. Good luck!
Joshua Sachs
Criminal Defense Attorney in Chicago, ILMr. Wolf's excellent answer discusses an important aspect of your situation that I perhaps did not cover adequately. He is absolutely correct. If your friend does not back you up on this, or disputes your story, you have an altogether different and more serious set of problems, and you must be ready for the possibility that that will indeed happen.