Though he no longer was a teacher, Joseph A. Tucker at least was a free man -- pending his sentencing Sept. 14 for sexual misconduct with a female student.

But the former St. Paul Como High School orchestra teacher just could not stay away from the girl, authorities say, and Monday, he found himself back in jail, as a result.

According to St. Paul police, the girl's father, investigating noise coming from the upstairs of the family's home, found Tucker and the girl, both fully clothed, in her bedroom Sunday night.

Tucker had scaled a ladder up to the bedroom window, according to an affidavit filed Tuesday in Ramsey County District Court.

Today, prosecutors will argue that Tucker now should remain in jail because, they say, he violated a no-contact order issued Aug. 3 when he pleaded guilty to fourth-degree criminal sexual conduct stemming from the relationship with the girl.

At the time of the plea, District Judge M. Michael Monahan ordered Tucker to have no contact with the girl and also said he must stay away from the school.

Tucker resigned June 13.

His relationship with the girl was revealed in May when two of her friends told school administrators that "she had been having an affair with the band teacher," according to a criminal complaint filed in district court.

In her possession that day was a letter that Tucker allegedly had written describing "very specific sex acts" he would perform on her, the complaint said.

Police spokesman Tom Walsh said Tuesday that it was not believed that there was any sexual activity between the two during his visit to her room Sunday night, but that the incident still was being investigated.

"The girl said nothing happened," Walsh said.

Assistant County Attorney David E. Miller wrote that Tucker should be held without bond or other conditions of release because he is a continuing threat to the girl's safety.

Tucker also was charged Tuesday by the St. Paul city attorney's office with violating a no-contact order, a misdemeanor.

His attorney, reached out of town Tuesday, declined to comment.

Staff writer Pat Pheifer contributed to this report. Anthony Lonetree • 651-298-1545 • alonetree@startribune.com