Hello Everyone,
Dazed and confused here in Madisonville, Tennessee by a friend's trouble.
She was invited to come stay in a womans home after she told members of the church she walked into off the street, that she was homeless. (this is/was true) No shelters exist here. No time limit was discussed, nor were there any demands as to: Rent payment or services as rent.
My friend took over the care of a very neglected yard; upkeep of the house cleaning; laundry and animal care (cats, dog and two birds) as the woman came down with a bad cold just days after my friend moved in. Also staying in the home were two other paying guests. One whom had allowed the homes primary tenate to clean his home while away during the
week, (truck driver) and candels left alight all through the home caused a fire that burned his home to the ground. When this man moved out upon finding a place to rent along with the other paying tenate, the trouble started.
The woman began with commentary to the effect: The house has need's; I can't afford my bills; etc. This escalated to: If I have a roomate they have to pay half the bills. Just days later, upon discovery my friend had exausted her food stamp allotment buying food for the 'house' she had to leave. Several days of badgering and constant complaint to the effect she could/was: Not able to carry them both. Next [same day] the police were called and my friend was told she could go to jail or get her things and go. BEFORE SHE COULD GATHER HER THINGS the police, incited by the woman who took my friend in, arrested her and charged her with criminal tresspass. Her son had been visiting at the time and agreed then and there, to remove his mother and her belongings. Apparently time to pack was too much to ask. Are there any codes protecting my friend and will she have any recourse to defend against the charge? Personally I feel she was used, and being took in off the street has placed her in a worse situation than she was in to begin with.: sign me: A very confused psycomomma
PS: This person called relatives; church members etc. claiming my friend stole a coat. Funny thing was when church members took my friend to retrieve her things. SHE found her own coat was gone! The church has stood behind my friend and rented her a motel room for a week, but the cost of this false charge, bail etc. is a real blow to one trying to pull herself up by boot straps when she has no boots! Thanks for any and all input on this problem.

excon

Hello momma:

>>>Are there any codes protecting my friend and will she have any recourse to defend against the charge?<<<

Yes. The code that protects her is the very one she was arrested under. Clearly, she isn't guilty due to your next statement:

>>>She was invited to come stay in a woman’s home after she told members of the church she walked into off the street, that she was homeless. (this is/was true)<<<

The "cost" of this false charge cannot be much beyond the cost of the bail. If she's charged with felony criminal trespass, they'll have to supply her with a lawyer, and they might anyway even if they only charge her with a misdemeanor. However, if the facts are as you say they are, I cannot believe that she will be prosecuted. I suggest that being homeless is a bigger problem for her than this in any case.

This may turn out to be a blessing in disguise. Again, assuming what you say is correct, your friend may very well have grounds for a suit against this woman AND the cops for false arrest. Your friend may up owning this woman’s house. Wouldn't that be a perfect ending?

excon

talaniman

As far as I know a 20-30 day notice is mandatory and your friend can get a judgement after the court has ruled, if it in her favor she can sue for illegal eviction ,lost property, and malicious prosecution! I hope your friend gets a place to stay and has a favorable court ruling and gets everything she deserves as this sounds like a raw deal to me! Good luck!

psycomomma

Thanks for your reply, yes it was a raw deal. I am hoping $$ wont keep her from getting justice. Monroe Co. TN: Where the men of justice are men.... and the sheep are nervous!

Fr_Chuck

Hello, in GA and TN the criminal trespass rules are really funny,

You are guilty of criminal tresspass even if you were invited on the property, but refused to leave when asked to leave. So as a "guest" not a tennant, she has no right to residence. And if you don't leave fast enough for the owner of the property, you can be arrested.

Now what she needs, is 1. church members who are in good standing in the community to testify in her defense ( ones who heard that she was invited to stay at the home.

2. Church members who went to get her property to say that there was no coat in that property.

What she has going against her, no residence, no job, no income.

Next of course normally if you can pay bail, you will not quality for a public defender, so she will now have to pay for her own attorney normally.

Easiest solution, get some of the church people, to go to the house owner and try to offer her "compensation for her loss" to drop the charges.
Best if done though an attorney, but basicly this sounds like a greedy person and I bet for 100 to 200 dollars you could get her to drop the charges. ( the lady who is charged can not do this, that would be another crime)

I will take it she is no longer in jail, normally on these types of charges, after the person is in jail for 30 to 90 days, waiting on trial, they are brought in and charges droped for time served, ( happens to homeless every day)

Next if you beleive having a priest talk to the home owner to drop the charges I would be glad to go and talk to them. I will be in Madisonville over on Ballpark Rd on Tuesday helping some elderly people.