Legal Question in Criminal Law in Maryland

How the court or a jury would view this is the $64,000 question. Whether you have a possessory interest in the home or whether you have surrendered that in a separation agreement would be factors.

Regardless of whether you have broken the law, you may be accused. You should be prepared to possibly deal with arrest, bail, and defending the charge in the event that your wife files charges. An attorney can inform you of the law, advise you, and represent your interest. I offer a free initial consultation.

You cannot break into property that is yours. As such, there is nothing illegal about breaking into your house. It is no different then climbing into a window when you leave the keys inside! Second, citizens do not press charges (although they think they do); a criminal case is the Government against an individual; you can typically trust State and US Attorneys to understand the law. There are times that a commissioneror will not understand the law; and others where the police do not; and in those case you may require an attorney to get the charges dismissed.

Please feel free to contact me with any questions. I can be reached at 410-246-2152 or vistit me on the web at OwensLaw.net

Joseph Owens, MS, JD, LLM

This is ridiculous, I don't think the State would prosecute this stupid case. And I'd think the police will be pissed off once they find out what really happened, and that she lied to them knowing it was you who wen inside.

Did you and your wife have a Separation Agreement or any other written agreement resolving use and possession of the home?