What to do if i was accused of breaking into my ex’s home?

UPDATED: Oct 1, 2022

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What to do if i was accused of breaking into my ex’s home?

My ex and I recently had some issues where he was abusive and i was able to call the police on him and he went to jail. We did not live together but I stayed at his house a lot when we were dating. I had no belongings there but I had some of his at my house, I packed them up along with some things he bought for me and I went to his house to leave them outside his door. The door was unlocked so I put the bag of stuff on the table and walked out. I did not touch anything nor did I break anything. He is claiming that he locked the door and it had been forcefully opened. I did not break in but i did not think it was wrong for me to leave his stuff inside when the door was unlocked. Can I still be charged with anything when he is just trying to get back at me? I didn’t have anyone with me at the time of me being there and he did tell the police that nothing was taken.

Asked on January 4, 2018 under Criminal Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can be charged with trespassing, at a minimum: there is no legal right to enter another person's home, even for innocent reasons, and even if the door is unlocked. In entering his home without his permission, you committed trespassing. If he can show or prove that you did damage in entering the home, you could potentially be charged with burglary or destruction of his property.
The above said, if in fact no damage or harm was done, the authorities may decline to charge or prosecute: they have the discretion or freedom to not take cases when, in their judgment, it is not appropriate or fair to prosecute. But be aware that you did technically trespass.

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