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View Diary: It keeps happening: Faceless Bank's Repo Contractor hauls all of W Va. Woman's possessions to dump (279 comments)

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  •  According to the lawyer upward in the comments (0+ / 0-)

    this is perfectly legal, too, if you believe you have the right to do so and have no criminal intent.

    However, that "lawyer"- I now use the term advisedly when speaking of coffeetalk, this claim is so patently absurd- also advised that one can enter the wrong apartment while drunk and, even if one kicks in the door because one's key does not turn in the lock, one is not criminally liable for breaking & entering.

    That is, to my own very certain knowledge, completely untrue. Whether their other arguments on-topic have any merit at all is thus open to serious question.

    •  Seriously? Your own link refutes this. (2+ / 0-)
      Recommended by:
      Pi Li, VClib
      one can enter the wrong apartment while drunk and, even if one kicks in the door because one's key does not turn in the lock, one is not criminally liable for breaking & entering.
      You gave me a link to a guy who essentially broke into somebody else's house when he was drunk and he was not charged with "breaking & entering."  He was charged with criminal trespass.  

      Remember? Here's YOUR link again.

       And criminal trespass is a crime that requires intent - it must be done "knowingly." And as I explained, the fact that you are drunk is not a defense to the "knowingly" part -- you can't say, "I was drunk so that's why I didn't know I was going into someone else's house without consent.  

      The part you are missing is that I am not saying that someone gets away with those things, and I am not saying that they are "legal."

      What I AM saying is that there is a difference between civil liability - -where you sue someone for money -- and criminal liability -- where the victim doesn't get money but the bad guy goes to jail.  What I AM saying is that if there's no specific intent -- no "mens rea" under the criminal law --  you are generally not looking at criminal liability, but you can still sue and get a whole bunch of money in a civil case.  

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