Legal Question in Criminal Law in Colorado

Trespass
If a visitor knocks on a door, and a person opens the door, and the person opening the door does not specifically say, ''Do not enter'', then it is assumed that an invitation is unspoken. If a resident requests visitor to leave, then visitor leaves the premises.

Once a trespass report is filed, does a trespass charge have to occur at that time, or can a person decide to press charge at a later time. Douglas County, Colorado

Asked on 5/29/08, 8:25 pm

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

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Re: Trespass

Consent is the big issue, not the filing of a complaint. Opening the door initiates the consent to entry, but the words and gestures of the one opening the door can be argued to be indicative of CONSENT to enter or DENIAL of entry. After the entry, any consent is withdrawn by the request. An action to remain on premises after license is withdrawn can be a separate trespass.

BUT: whether or not the Police have been summoned, a trespass did occur. However, the failure to report the trespass infers consent. The evidence of consent increases in direct proportion to the passage of time between the act (trespass) and the report.

The lack of cited authority in this response should indicate to you that it is the expression of OPINION WITHOUT KNOWLEDGE OF FACTS and therefore NOT LEGAL ADVICE FOR ANY PURPOSE.

Answered on 5/29/08, 8:56 pm

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