What happens with a criminal trespassing charge?

A few weeks ago someone moved out of their apartment in our apt complex and left behind their plant. It had been a couple of weeks since they had left and it was getting cold outside so my husband and I took the plant off of the balcony and left a note on their door telling them we had the plant if that they happened to come back for it and which apartment we were in and that we didn’t want it to die in the cold. Someone told them we stole it and now they are talking about charging us with criminal trespassing. We returned the plant outside their door with a note saying sorry. How much trouble are we in?

Asked on October 20, 2011 under Criminal Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, it does not appear that you should be in much trouble for moving the plant out of the cold so it would not be damaged and leaving a note as to where it was located.

Personally, law enforcement has bigger and more important things to deal with than charging someone with a trespass where there was no improper intent by you. The reality of the situation is that the plant has been returned to the ower and it is in presumed good shape.

Good luck.

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