Unlawful Entry Two Years Ago

[desmondxh]

My question involves criminal law for the state of: Indiana

I don't even know what exactly what happened behind the scenes (as far as the police are concerned), but after going into my old home (my parents house) while they were on vacation and taking a couple of my guitars, I got arrested. After a while, of them talking on the radio and all that fun stuff, they let me go.

I know what I did was wrong, and I understand why I got unlawful entry and all that stuff, no arguement there.

But basically after calling the detective and going in to speak with him and my dad, I made a word of mouth aggreement to attend church with him on sundays and pay him back for the guitars I sold; for him to ask for the charges to be dropped. I never had a court date or anything

So, now, just about two years later, he is claiming that if I don't quit the band that I'm in (He thinks its the devil's music =P) that he will press the charges and I'll go to jail or something. He doesn't like my girlfriend either and has threatened that if we move in together that he'd press charges as well.
I don't know if this is going to get worse, or continue.

He owned the guitars (as in, he had the receipts from when he bought them for me) and so I never had any proof that they were mine. My dad bought the guitars on my 14th birthday for about 6000 dollars. So I was facing some pretty hefty charges (as far as I know)

But like I said, all I know is what the detective told me, I never talked to a lawyer or anything.

So, Am I in danger?
I'm keeping to our current agreement, even though its not in writing or anything.

[LawResearcherMissy]

How old are you?

I believe it's a bit too late for him to press charges.

[desmondxh]

I will be 21 on the aniversary of the incident.

And much more mature.

[LawResearcherMissy]

I've not been able to find the specific Indiana statute dealing with the statute of limitations for pressing unlawful entry charges. In some states, this is as long as ten years, in other as short as a year or two.

So, first thing tomorrow, call an attorney and ask. Find out what the statute of limitations is.

Then call your father's bluff.

At this stage in the game, it's time to man up and tell him to cram it, threats be damned. You get an attorney, he'll argue in court that although you made restitution and he had the charges dropped, your father has been using this two year old trespass to force you to bend to his will. You'll likely get a slap on the wrist, a finger waggle from the judge and possibly a fine. If even that much.

Honestly, it's more likely that your father will get yelled at for wasting the court's time with utter twaddle.

You don't have to let him hold your life hostage. Don't let him. Retain counsel and break free of that nonsense.

[aaron]

For most felonies, the Indiana statute of limitations sets a five year period for commencement of charges. For most misdemeanors, it's two years. See Indiana Code Sec. 35-41-4-2.

[desmondxh]

Thanks for the help.

Im kind've scared of calling his bluff tho.
He's nuts.

And hes a doctor so he has no end to monetary resources.
It was kinda funny that after I got arrested, A couple police stickers showed up on the back of his car, ya kno the kind that means hes made a donation?

I just kinda feel like im in the mafia at this point. I need to move on with my life. Since all this happened I went back and finished high school (I had dropped out) Went to a technical school for a year, and now I've been working full time for almost a year. I don't know what else to do.

[LawResearcherMissy]

I don't know what else to do.

I'm old enough to be your much older sister, and I came from an emotionally manipulative upbringing, so let me give you some sisterly advice:

Take back your life. You only get the one, and the damned thing is way too short to waste trying to keep someone else from doing something unpleasant.

Your father is being a tool. For whatever reason, he's afraid of you ACTING like the legal adult you are. You know whose problem that is?

HIS. Stop letting it be yours. It isn't and it shouldn't be. No one should have to go through life with their father's Sword of Damocles over their head.

So take the step. Tell him to stuff it, and get on about the business of living your life. He'll be pissed. He'll do everything he can to make you miserable for a while, and he will try to bully you. Stand your ground, and he'll eventually give up and leave you be.

You'll be much happier when you can live for yourself.