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  1. #1
    Join Date
    Aug 2011
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    2

    Default Criminal Trespass in North Dakota

    My question involves criminal law in the state of: North Dakota
    My husband and I were just served papers for criminal trespass. Neither of us has ANY sort of a criminal record. What caused the incident was my brother in law (husbands brother) was living with a girl for 9 years and they have 2 children together. They had recently split (had also purchased a mobile home together in this time) and he asked us as we were going through the town to stop and check on his belongings. We got to the home and the door was wide open, so we knocked and called out "hello" a number of times. We saw from the front of the doorway the house was in disaray. We entered the home to check on my brother in laws TV and other belongings and ended up finding drug paraphanelia and drug reminants (she had the children with her at this time). We took picture and immediately went to the police station. They said there was nothing they could do since my brother in law wasn't currently living there. She also at some point went in and had his name removed from the title of the home without his knowledge. We did not know this when he told us to go check on his things. We also do not know the exact date that she removed his name from the title as the state will not release any info to him. We have 3 young children at home and I am beyond stressed about this upcoming court date we now have. The police office we called to file the report about what we found signed the complaint so we have the state prosecuting us. I don't know what can happen and I'm scared for my family. Can someone give me some advice. Thank you.
    for the state of:

  2. #2
    Join Date
    Sep 2010
    Posts
    9,735

    Default Re: Criminal Trespass in North Dakota

    If you are charged, you need a lawyer. We can't really help with your defense especially since you seem to be mistaken about the story. People can't remove other's from the title of homes (mobile or otherwise).

  3. #3
    Join Date
    Sep 2005
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    Default Re: Criminal Trespass in North Dakota

    You are working with a lawyer, correct? You presumably would want to build the case, with your brother-in-law's testimony, that you reasonably believed you were licensed to enter the premises based upon your brother-in-law's representations to you, even though he apparently had told you that he no longer lived in the premises. As flyingron suggests, it may be that your brother-in-law chose not to be honest with you.

    Are you charged with the felony? All the more reason to be working with a lawyer.
    Quote Quoting North Dakota Century Code, Sec. 12.1-22-03. Criminal trespass.
    1. An individual is guilty of a class C felony if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in a dwelling or in highly secured premises.

    2. An individual is guilty of a class A misdemeanor if, knowing that that individual is not licensed or privileged to do so, the individual:
    a. Enters or remains in or on any building, occupied structure, or storage structure, or separately secured or occupied portion thereof; or

    b. Enters or remains in any place so enclosed as manifestly to exclude intruders.
    3. An individual is guilty of a class B misdemeanor if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the individual in charge of the premises or other authorized individual or by posting in a manner reasonably likely to come to the attention of intruders. The name of the person posting the premises must appear on each sign in legible characters. An individual who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.

    4. An individual is guilty of a class B misdemeanor if that individual remains upon the property of another after being requested to leave the property by a duly authorized individual. An individual who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.

    5. This section does not apply to a peace officer in the course of discharging the peace officer's official duties.

  4. #4
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Criminal Trespass in North Dakota

    The title on the mobile home was apparently made out to Him OR Her so she decided to go remove his name, unknowingly to him. Yes they are attempting to charge us with a felony. Apparently reporting the fact that we found drugs and paraphanelia in the home with her children currently in her custody are not an issue. Just us. I believe that laws are set up to protect the criminals and punish the innocent. I have now lost ALL faith in the judicial system.

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