AboutJack Toomey Expertise Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court.
Retired police officer with 26 years experience. Worked in the patrol
division as well as over 14 years in the detective bureau. Investigated a
wide range of crime such as murder, rape, robbery, theft, fraud, missing
persons, and other very sensitive crimes. I am available to answer your
questions about criminal law and especially as it applies to police work. I
taught at the police academy for several years and am especially
knowledgeable about search and seizure. Any question about criminal law is
welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, mising persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials Bachelor of Science degree in Criminolgy from the University of Maryland.
Expert: Jack Toomey Date: 6/24/2008 Subject: Trasspass
Question My daughter in Brooklyn N.Y Kings County had a friend ask if she could visit for a few days while she looked for an apt. My daughter said yes. Now the person keeps saying can't find an apt so just a few more days & this has been going on for several weeks. Lastly she got a job for a week & said she would get her belongings at the end of the job and leave, but came & said can't leave as no place found yet. My daughter told her many times she has to leave. To me this is now trasspass, but how does she get her out. Does she need to file with the city, police, call the police or what. This was to be very temporary. She was a guest only. A guest per the landload can stay a few day, buts thats it so he wants my daughter to get her out as does my daughter. Any Help, when does she go, etc would be appreciated. The person has a ket that was given to her only because my daughter works and for the person to come & go for those few days. HELP/THANKS
Answer Bill,
One of the biggest problems that I have answering questions on this site is trying to make people understand that every state in this country has different laws and that I cannot possibly know the law and court procedures for every county and state in the United States.
In this case I don't see how there is any criminal intent unless your daughter is prepared to prove that this guest moved in with the intent to stay longer than invited and did so with a malicous intent ahead of time. In MY county your daughter would first have to go to civil court and file for an order of eviction. Then the guest would have a chance to answer the order. Then, if the order of eviction was granted by a judge, the sheriff would take over and evict the guest by putting all of her belongings on the street. This could literally take months. Now again, this applies ONLY TO MY state, and does NOT apply to New York.
But why doesn't your daughter and/or landlord simply pick up the telephone and call the local police and have them respond and then they would explain New York law to them and tell them what the need to do to get the guest out?
