How do I know if I have a criminal charge pending?

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How do I know if I have a criminal charge pending?

I was stopped around 3am while walking home thru the city to my apartment. I unknowingly walked thru a private area (right by a building under construction). The officer explained that I had been stopped because I was trespassing the private property. I explained that I was just trying to get home and the officer took my ID and took down my information. He then sent me on my way, without writing a ticket or anything of the sort. Now I am worried about what may happen from this. Is it still possible for them to try and charge me with trespassing? I used the state online case search and there has been nothing new under my name but I can’t help but keep worrying that I will be charged with this sometime in the future.

Asked on November 25, 2013 under Criminal Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two types of trespass: criminal and civil.  Criminal is governed under the Indiana statutes and is generally classified as a Class A misdemeanor (although it can be classified as a felony).  Now, generally speaking, in order to charged with criminal trespass there are certain factors involved, but the main issue is that you have to have knowingly entered some ones property after having been denied entry.  Being denied entry can mean told to you or a sign posted.  So the facts here matter.  Was there a sign posted, was the property fenced in if required, etc.  I think that you should speak with some one but in taking an educated guess here I think that any ticket issued could be resolved in your favor. This may be a waiting game so wait and see if anything is charged or ticketed. Keep checking and if something is charged speak with a lawyer.  Good luck. 


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