Can I be charged with trespassing after a few weeks? 51 Answers as of June 09, 2013

I was with some friends and we were caught in a pool after hours three weeks ago. The person that caught us was the owner. Can he still charge me with trespassing if he hasn't done anything for these three weeks?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
The staute of limitations for a crime that is a misdemeanor not a felony varies but is usually at least one year. So yes after 3 weeks you can be charged with trespass.
Answer Applies to: New York
Replied: 10/31/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You can be charged with a crime unless the statute of limitations has run. That would be 5 or 7 years after the commission of the crime so you can be charged with trespass, but it will likely be dismissed.
Answer Applies to: New York
Replied: 9/2/2011
Michael J. Gardiner, Attorney at Law | Michael Gardiner
No, in fact if you rob a bank and three weeks goes by..guess what? You've committed the perfect crime! Sorry for the sarcasm. Just trying to teach you how to think.
Answer Applies to: Rhode Island
Replied: 9/1/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry Yes, charges could still be brought. However, with that length of time having passed, it is less likely. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 9/1/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
A criminal act can be prosecuted up to the statute of limitations, which is 5 years. If he hasn't brought charges by now, I would think the prosecutor would be reluctant to bring them.
Answer Applies to: Kansas
Replied: 8/31/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, potentially. If you are ultimately charged, you are presumed innocent until proven guilty and the prosecutor would need to prove their allegations beyond a reasonable doubt. You have a right to council. Speaking generally, the police may take weeks or months to complete an investigation. While delays may hinder the defense's ability to obtain potentially exculpatory evidence, they often hinder the police's case as well because witnesses may not remember details, physical evidence may be lost or destroyed, and generally, the cases may be harder to pursue. If you are ultimately charged or if at anytime the police attempt to question or interrogate you, I'd recommend you retain an attorney to assist you.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    A couple of points: The owner of the property might have a civil case against you, but the owner does not press charges. Only the District Attorney can press charges, not an alleged victim. As far as the DA pressing charges, criminal charges can be filed at any time before the statute of limitations has run. For a misdemeanour such as trespassing, the statute of limitations would be one year.
    Answer Applies to: California
    Replied: 8/31/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Yes.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes, you can be charged with a year after the incident.
    Answer Applies to: California
    Replied: 8/30/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The statute for charging someone with misdemeanor trespassing is one year. To sign a warrant requires setting up a date and time to meet with a magistrate to do so. After that a warrrant may be active for several days before a police office arrives to arrest someone or you receive notification by some other means.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Yes he can but the likelihood is diminished.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Yes he can. The statute of limitations is one year. The good news is that if he has not pressed charges after 3 weeks, he probably won't. Just remember that if any law enforcement officer contacts you, just say that you do not wish to to talk about it. You have the right to remain silent so please use it.
    Answer Applies to: California
    Replied: 8/30/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The statute of limitations on most charges is two years. However the more time goes by the less likely charges will be brought. However the owner does not make the decision. He must file a police report and then the prosecution reviews for charging.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    The answer to your question will depend on whether or not the pool owner contacted the police or not. If he did, then the police officer may submit a report to the prosecutor for charging out of misdemeanor trespass. If the matter was not reported to the police, you should be OK.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    It depends on where the trespass occurred and if there were signs posted.
    Answer Applies to: Oklahoma
    Replied: 8/30/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    He could report it to the police and you could still be charged. However, it is unlikely to happen after the passage of three weeks.
    Answer Applies to: Washington
    Replied: 8/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. If the police will take the charge.
    Answer Applies to: New York
    Replied: 8/29/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes.
    Answer Applies to: Washington
    Replied: 6/9/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    The passage of time is not the issue. What you describe does not fall into any criminal trespassing prohibition, unless there is something you are leaving out.
    Answer Applies to: California
    Replied: 8/29/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Individuals cannot 'charge' other individuals with crimes. This is a job for the District Attorney. However, the owner may call the police at any time and report the trespassing. Also, if the owner can prove damages, he can sue you for the trespass.
    Answer Applies to: California
    Replied: 8/29/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The owner has up to 18 months to file charges against you for this misdemeanor offense, however, if he has not done so yet, I would doubt that he will proceed. Being caught in a pool after hours is not a serious offense, in relation to a host of other crimes on the books, and the owner probably does not want the hassle of having to go to court to proceed with charges, if same are filed against you. In the future do not trespass where you are not allowed.
    Answer Applies to: Illinois
    Replied: 8/29/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Usually only a prosecuting authority can charge you with a crime and for misdemeanors they have up to a year and for gross misdemeanors they have up to two years to charge you.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The manager cannot "charge" you. That authority resides with the county prosecutor. The prosecutor's office usually receives a police report and has up to one year after the offense to charge the responsible parties.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Yes.
    Answer Applies to: Washington
    Replied: 6/9/2013
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    He can file a complaint at any time. The decision to charge you with a crime lies with the city/county. Generally speaking the longer it's been, the less likely you will be charged. Chalk it up to lesson learned.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Yes. The statute of limitations for a misdemeanor is 2 years. However, its less likely the owner will call the police if he didn't do it at the time.
    Answer Applies to: New York
    Replied: 8/29/2011
    Gigstad Law Office LLC
    Gigstad Law Office LLC | Robert Gigstad
    The answer is yes. The prosecutor where you were caught has time to make the decision whether or not to prosecute you or not. I would contact an attorney in your area soon to discuss your situation.
    Answer Applies to: Kansas
    Replied: 8/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can be charged with a crime anytime as long as it is within the statute of limitations and this certainly is since the statute won't toll until six years from the incident date. However, it will be somewhat problematic if there was no incident report by the police from that night. The owner could also take a civil action against you as well.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Ramsell & Associates LLC
    Ramsell & Associates LLC | Donald Ramsell
    The statute of limitations for trespassing in Illinois is 18 months. It is substantially unlikely you will be charged after a 3 week delay, but it is possible.
    Answer Applies to: Illinois
    Replied: 8/29/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes, it is legally possible to be charged with a misdemeanor within 18 months of the event, and for petty offenses, within six months of the event.
    Answer Applies to: Colorado
    Replied: 8/29/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    Yes, you can still be charged.
    Answer Applies to: Florida
    Replied: 8/29/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Yes, he can.
    Answer Applies to: Georgia
    Replied: 6/9/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, he can always report it to the police. He has 1 year to do it. Practically speaking, if you haven't heard anything for a few months, you probably won't be charged.
    Answer Applies to: California
    Replied: 8/29/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    He can't charge you with anything. Only the prosecutor's office can. Is there a chance a report was taken and submitted to the DA's office for the filing of criminal charges? Yes. If the police weren't called out that night, odds are nothing is going to come of it. If you get anything in the mail from the court, the DA or law enforcement, then there may be a case filed, so don't ignore any official letters you get.
    Answer Applies to: California
    Replied: 8/29/2011
    Law Office of Rodney Nosratabadi
    Law Office of Rodney Nosratabadi | Rodney Nosratabadi
    Technically the statute of limitations for a misdemeanor is one year. Therefore, you may still be charged with trespass.
    Answer Applies to: California
    Replied: 8/29/2011
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