I was living in a tent in my mother's back yard. It started to rain very hard and my tent flooded, so I went into her house through a basement window (I did not break the window). I stayed in the basement and fell asleep to be woken up by a police officer. The officer did not arrest me, he made me go to the hospital because I was high on weed. Marijuana is legal where I live. This happened in August 2018, my mother just got a piece of mail saying I have a court date March 8th, 2019. My mother wishes to drop all charges.
Your mother can't drop the charges, as the charges are not brought by your mother, they are brought by the state. Breaking and entering DOES NOT require actually breaking something. It requires you "break the plane" of the building, meaning open and cross into it. If you had permission to be on the property, have your mother come with you to the court date, talk to the DA, and see if they will drop the charges based on that, but ultimately it's up to them. This needs to be taken seriously as it is criminal charges, not a simple civil matter. You may want an attorneys help.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
I agree with my brother. The Commonwealth of Massachusetts and it's prosecutors at your local district court decide whether charges are asserted.
However, based on your description you may have defenses and thr Commonwealth may realize at some point that the case is not worth their time.
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Have your mother call the local prosecutor and explain the situation. The prosecutor does not have to, but will give all due respect to our mother's wishes. Although I find it hard to believe that you are living in a tent in her backyard, but are not allowed in the house? Obviously she did not want you in the house since only she could have called the police on you. Perhaps you might suggest to your mother and/or the Prosecutor that you will find another place to live, or stop smoking weed, or get a job. If everyone is agreeable your case could be Diverted, or generally continued for a period of time, pending good behavior.
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