Re: burglary of a habitat claimed by crazy stepmom

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Dalton

First lets define what Burlary is : The Trespassory entering
of a Building with intent to steal.

Now to your facts. Did you trespass? Did your father who
owns the house say your entery there or did not kick you out.
If your father says you are welcome there it is not trespass.

Intent to steal. This means property that is not yours. So
far Pizza 2 slices. A court is not going to be very hard on
someone 'stealing this item

Next Did you contribute any rent? Or pay for a pizza ect. If
so she will have to give you notice and time to leave and GET
your property out. Next do you still have a key. If so by
her not taking the key this is implied permission to enter =no
trespass.
If you are a juvenal then you she is under a duty to feed,
cloth and HOUSE you. She can't kick you out. Or if she know
you were in a position where you RELIED on her support. She
voluntarily assumed the responsibilty of care for you even if
you are an adult she might have bought some liability. Was
there some agreement (read Contract) by trade of services for
staying at the house say taking out the garbage, mowing the
lawn ect then she has breached the contract by throwing you
out (without good cause-such as her safety). Again she must
give you notice to leave. 3 -30 days.

Yes you need a lawyer. Remember Dalton the police are NOT
your friends. They are out to get any information they can to
make an arrest. You have a right to remain silent. Any
question they ask do not answer. Only tell them name and
address you live at. Don't get scared with the "obstructing
police work" tactic. It is an empty threat. The constitution
protects you under the 5th Amendment.

Yes Burglary is a Felony.

Using the mental instability of your Step mother will certain
help you in Criminal law but then hurt you if you want to sue
her later. I don't see any case to sue her on since she is
acting loco parentis (A parent) You can use the prior
relationship of being kicked out and let in ect to your
advantage. You can say that she often goes off her rocker and
then based on prior dealings with her she calms down and lets
back in. You thought this was the case again as USUAL.

Res Ipsa Loquitur

>
> On 9/18/07, dalton wrote:
>> My stepmom has kicked me out of my dad's house for the
>> second time, and I'm not going back. However, I had a few
>> things left there that I went back that night to get, like
>> my friends cell phone that was left on the couch, I went
>> in through the bathroom window. It was the house I was
>> raised in and get this, the only thing "burglarized" was
>> two pieces of pizza on my way out and that's it. she's
>> been hospitalized twice for mental illness and constantly
>> manipulates the arm of the law to control her personal
>> life. she'll take anyone to court for ANYTHING and what
>> do you do with someone like that? I went down to the JP's
>> office and they said there's a charge pending
>> for "burglary of a habitat" against me. Is it a felony?
>> Do I need a lawyer? Can I get a deprivation of character
>> suit back against her for all of this BS? there's no hard
>> evidence of anything, no one saw it. the people that know
>> bc i told them are not credible witnesses. there are
>> fingerprints already there because i lived there. the only
>> thing misplaced on the house was the screen, not broken,
>> just taken off. my cousin said to just deny anything and
>> everything about it and he'll say i was with him all night
>> but my sister said to just tell them the truth. my dad
>> will take her side over mine. i know, spineless. what do
>> i do/what can i do? thanks a bunch