Jacob Kulke, of Marshfield, Wis., will remain in jail in Nashville as he is fighting extradition to Colorado for probation violation.
The 24-year-old Kulke was arrested earlier this month after climbing a fence at a home in Belle Meade that has been publicly linked to Swift and her family.
Sean McKinney, Kulke's attorney, said Thursday that prosecutors discussed the decision not to prosecute with representatives for Swift.
However, he said that the charge could be brought again within the statutes of limitations. McKinney said Kulke had a reasonable belief that he had been invited to the home.
(Copyright 2012 by The Associated Press. All Rights Reserved.)