Criminal Trespass to a Residence

This is a discussion on Criminal Trespass to a Residence within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; Illinois Hello, I was recently arrested for the accused crime of Criminal Trespass to a Residence. The following below is the account of the situation. On November 26th, 2011 it ...

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    Criminal Trespass to a Residence

    Illinois

    Hello,

    I was recently arrested for the accused crime of Criminal Trespass to a Residence. The following below is the account of the situation.

    On November 26th, 2011 it was agreed that I would provide a ride to Person A and Person B to a party. At first I was to pick them up at Person A's residence but later he asked to be picked up at a local bar.

    When I arrived at the local bar Person A suggested that the three of us skip the party and remain at the bar for a 'club night'. We stayed and shortly thereafter myself, Person B, and friend of Person A (whom we'll dub Person C) were asked to leave due to being under the age of 21.

    Person A had given both Person B and Person C a ride to the bar. It was then requested that I give them both a ride. Person A suggested to bring both Person B and Person C to the residence of the victim and to invite people over for a party. Stating the front door was open and that he would meet us there in an hour.

    The victim is a friend of Person A and had been out of town for the week. Person A had thrown a party two-days prior at the victim's residence and invited me to attend.

    I did not know where the victim lived but Person C had been to the party there two-days prior and instructed me there. Once there, I received a text message from Person A stating,

    "Invite everyone."

    I went through my contacts and sent this message out,

    "I'm throwing a party at "location". Invite your friends."

    After about 20-minutes of being inside the victim's home, one of the victim's friends Friend A and his girlfriend entered the house. There was idle chit-chat and he brought up the fact that he was going to have people over that night aswell.

    After an hour passed Person A did not arrive as stated. He called me and in a stressed out tone asked, "How many people are over there?". I explained that only about 10 - 12 people I invited had come over.

    After about another hour, another friend of the victim (Friend B) barged into the house screaming vulgarities and insisting everyone to 'get the **** out' who did not know the victim. With him he brought 6 - 8 people including Person A.

    Everyone was kicked out besides a group of about 10 people who knew the victim. After mild frustration, the group including Person A decided they wanted to end their night / go back to the bar. The group split in half. They were going to clear the house.

    I left with my friend (Associate A). When I left the house Person B, Friend A and the people he invited, Friend B and the group of 6-8 all remained in the house. Of these, Person B was intoxicated, Friend A was sober but his friends were not, and Friend B and friend were intoxicated from the bar.

    The next morning the cops were at my front door. They questioned other people (notably Person A) and chose to incarcerate me the next day for Criminal Trespass of a Residence. There are claims of the carpet being a wrecked and there being holes in the wall, despite no physical damage occurring throughout my whole stay there.

    -

    Would a case like this be considered Criminal Trespassing? I followed instructions from my friend whom I believed had authority to be in the household.

    Furthermore, there were people in-and-out of that house the entire week. There were people there for a party two-days prior AND after I left.

    What should my strategy be to defend this? Illinois.


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    Sec. 19-4. Criminal trespass to a residence.(a) (1) A person commits the offense of criminal trespass to a residence when, without authority, he knowingly enters or remains within any residence, including a house trailer.

    I first and foremost always recommend consulting and usually hiring an attorney. In this case, you should consult with a criminal law attorney or get a public defender. As far as the actual crime is concerned, it seems to me that a good argument would be that since the victim allowed Person A to have parties in his house, including the one 2 days prior, he implicitly gave him permission to invite his friends over. Your main argument should be that you had implied authority to be in that house on behalf of Person A who received permission from the victim.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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