Quote:
Originally Posted by BroadHopper
Thanks for the clarification IC. Seems to me I knew of someone who illegally enter a dwelling with intent to regain personal property. The officer said if a person force his way into the dwelling it is 'Breaking and Entry'. In this case the person had a key so it is considered 'Trespassing'.
Yet the owner tried the person in court on 'burglary' charge because the trespassor took possession and the owner claimed he is entitled to the trespassor's personal property.
The law is like spaghetti. If you can't try someone on one charge, you can always find something else that will stick.
|
I don't think the "owner tried" the person for anything. The police or the district attorney usually bring criminal charges for any criminal act. The owner would merely be a witmess against the party charged, or the defendant. Owners don't usually charge people for criminal acts, they merely accuse them. Owners usualy only get involved in pursuing civil actions.