Legal Question in Criminal Law in Virginia

Trespassing

There are 6 siblings name on the deed to their parents home. Only 1 sibling lived in the home in 2005. The 2nd sibling just moved back into the house in Jan 2006. #1 sibling's daughter's boyfriend was convicted of a sex crime at age 6 and #2sibling does not want him in or near the house now that she has moved back in.Although the mother of the daughter has no problem with him being there to visit and the daughter is 18 and also a resident of the home.. #2 sibling sought a warrant for tresapassing when the boyfriend dropped the daughter off in the driveway. Can Sibling #2 have him convicted/barred from the property even though he has done nothing to her? I thought that crimes commiittd as minors was exonerated from their records at age 18

Thanks


Asked on 1/20/06, 6:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Trespassing

It's not up to sibling#2 as to whether the young

man is convicted of trespassing and barred from the family property but rather the decision to even prosecute the matter lies with the prosecutors in the local office of the Commonwealth Attorney.

Unless there are current facts which you haven't referenced and which would support a charge of trespass against the young man(not something which occurred 15 years ago), I don't see the prosecutors going forward with the matter.

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Answered on 1/20/06, 9:26 pm


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