Since he had previously given me permission to use the key to enter when he's not there, is this still considered breaking and entering? 2 Answers as of March 19, 2017

I left a few of my favorite dresses at my ex's house. He refuses to speak to me for me to get them back and won't mail them to me. I know where he keeps his spare key (when we were dating he told me "I could use the key any time he's not there" and technically never rescinded this statement) so I was hoping to just stop by, grab my dresses, and leave. Clearly my intent is not to commit a crime. I just want my dresses back.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You are treading a fine line. While a burglary involves an intent to steal, trespassing does not. So even if you only want to get your dresses back going in without his permission is likely a crime and if it is not he could still attempt to have your prosecuted. More dangerous though is if he claims something else is missing you could be charged with residential burglary a very serious crime. My recommendation would be to tell the police you are going over to get your property while he is there and have them be there. This is call a "civil standby" and that way you are likely protected.
Answer Applies to: California
Replied: 3/19/2017
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Going forward, you need to remember that you have the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later.
Answer Applies to: California
Replied: 3/19/2017
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