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Help :( Tresspas To Dwell and Counter Affidavit

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justkira


Arresto Menor
To whom it may concern,

Sir I have 2 major question.,

1st.I admit that they accused me right and aminado ako sa kasalan nagawa ko. My question is sa Counter Affidavit ko po ba pwde po ba ako mag apology? (Since they submitted that if they didn't noticed it magagawa ko pagnakawan sila, but it's not true I thought it was a model house with no people in it) balak ko po mag apology sa pag pasok ko sa bahay but hindi ko balak mag nakaw.

2nd.Ano po ba ang procedure ng Arreignment? (I heard that my complainant will not attend it) will it favors me?. And if they come ma kukulong po ba ako on that day if I say guilty? Wala naman po akong balak takbohan yun case ko but sana po ma pa tagal ko yun case till my semester ends, o ma kapiling ang family ko this Christmas.

Pahabol lng po how long will I be sentenced if proven guilty po ako? For Trespass To dwell?

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justkira


Arresto Menor
Please sir, kinda help me what should I do?,



Last edited by justkira on Wed Nov 16, 2011 8:55 pm; edited 1 time in total (Reason for editing : updating it)

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justkira


Arresto Menor
Still no reply? please help sir..

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attyLLL


moderator
if you entered by mistake, that is not trespass to dwelling. it is when you enter after being told not to which is considered the crime.

i recommend you do apologize, but emphasize that there was nothing that indicated to you that it was disallowed to enter, and that you left immediately after they told you to do so.

the RPC was written when it was thought that the default should be that homeowners will welcome any visitor, so the law is still on your side.


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justkira


Arresto Menor
Thank you.,last minute reply.,tomorrow na po yun arreignment.,so all I have to do sa counter affidavit ko po make them realize na nag kamali lang po ako ng pasok not knowing it is occupied by tenants and it is not a model house. An apology will also do sa akin counter affidavit right? hope everything will be smooth, thanks for the reply.

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attyLLL


moderator
oh, it's already arraignment. i highly recommend you get a lawyer to assist you in drafting your affidavit. be sure to be at your arraignment and ask the court for more time to prepare your affidavit.


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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7 trespass on Sat Apr 28, 2012 2:15 pm

nathanpogi


Arresto Menor
hi.

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