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Home invasion 3rd degree. If i was on the lease and my belonging are in the home, is that a good enough defense?

Monroe, MI |

my gf and i have been back n fourth.when we werent getting along i went and stayed with a friend for a while.i showed up one morning to get our son and she locked me out.at the time i didnt think it was intentional so i went and jumped threw our bedroom window like i have many times and let myself in. come to find out she did it on purpose and she was upset. called the police and pressed charges. im on the lease as living there,my things are there, i mean i even had a key, just not on me...do i have a leg to stand on?is there anything i can do?

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Attorney answers 4

Posted

The best thing you can do is hire a lawyer. This is a serious charge with domestic violence issues. You may well have a good defense, but you probably cannot present that defense even half as well as a criminal defense lawyer. See a lawyer right away.

Wayne R. Foote, Esq.
Board Certified OUI Defense Law Specialist
by the National College for DUI Defense, Inc.
Law Offices of Wayne R. Foote, PA
344 Mt. Hope Ave
Bangor, ME 04401
(207) 990-5855
(207) 990-5858 (fax)
www.lawyersmaine.com
"Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

Haytham Faraj

Haytham Faraj

Posted

First, you definitely should retain a lawyer. Second, there aren't enough facts presented to provide a better answer. If you were merely going into your own home and you have never had a restraining order, then you definitely have a defense. But as I stated, there aren't enough facts provided.

Posted

First, you definitely should retain a lawyer. Second, there aren't enough facts presented to provide a better answer. If you were merely going into your own home and you have never had a restraining order, then you definitely have a defense. But as I stated, there aren't enough facts provided. If there is no restraining order, then you were merely entering your home. Of course, your gf may make claims against you and nothing stops the prosecutor from adding charges. That's why you should speak to a lawyer and definitely DO NOT speak to the police or give statements.

Posted

From a technical standpoint, if you are a leaseholder at the residence, than you have the right to enter the premises. This would then remove the prosecutor's ability to prove the element of breaking/entering without permission that is required for home invasion because you don't need anyone's permission to enter the residence. However, if you are subject to a personal protection order that covers the residence, or if there is a no-contact order in effect as a result of a probation order, a parole term, or a pretrial release (bail/bond) order, than it won't matter that you were a leaseholder. In addition, there are other circumstances that could come into play that would remove your ability to enter the home without permission--if you vacated the residence or were evicted, removed from the lease, etc. I suggest that you hire a criminal defense attorney to help you with your case. Good luck.

Posted

It might be. There are several variables that your facts don't address. For instance, when you went to stay with your friend "for a while", how long did you stay with your friend or otherwise out of the residence? Is your girlfriend also on the lease or is it just you? What is the underlying felony that the police/prosecutor is saying you intended to commit? What statements did you make to the police, if any? Is there any history of domestic violence between you and your girlfriend?

You should contact an attorney, so that he/she can go over the law, jury instructions, your sentencing guidelines, and begin mounting an appropriate defense.