How to Beat a Burglary Charge
Defense Strategies for Those Charged in Orange County and Riverside
If you’re trying to find out how to beat a burglary charge, you’ve likely fallen on hard times. Although many would not like to admit it, countless Americans are being buried by their financial requirements. Some of us have been lucky enough to do well, while others are hindered by a variety of close calls and let downs. But when times get tough, the tough get going. Unfortunately, it is not always to the best of places. When people are under a lot of stress, they can make decisions that are out of character to try to do what is best for themselves or their families.
Plenty of cases exist in which the defendant is innocent. Still, there are numerous others in which they’re guilty. Depending upon the circumstances, flaws in a prosecutor’s case may be exposed in various ways, allowing defendants to showcase facts that help convince a judge or jury of their innocence.
Our laws protect us by assuming that we are innocent until we are proven guilty. However, to protect your rights, you should take steps to defend yourself rather than assume that the prosecutor will fail to prove you are guilty. Experienced burglary lawyers have several strategies that they use to rebut the allegations made by the prosecutor.
For you to have the best chance of winning your case, you need an experienced attorney to mount a full defense on your behalf. Whatever your situation is, I highly encourage you to seek out the services of a Newport Beach burglary defense attorney that you trust to help get you on the right track.
Call the Law Offices of Randy Collins at (844) 285-9559 to discuss your options.
Although the following information could come in handy down the road, trying to implement any of it should only be attempted by a skilled attorney that is licensed in your state.
The Truth Will Set You Free
Imagine you are on an island with two other people. One day, the other islanders come running up to you saying that the other stole his toothbrush. One says that the other stole it and kept it. The other says it was stolen from him, but that he took it back.
Who are you going to believe?
Although one of them must be lying, they both have used the fact that one of them is currently in possession of that toothbrush as proof that they are telling the truth.
My point is that the truth may tell a hundred different stories and versions of a single event. It is the responsibility of the prosecution and the defense to use the truth to help prove their sides.
Many defendants make the mistake of lying to their attorney about what happened. Although they may think that this is in their best interest, more often than not, they are wrong. This is because lies often provide opportunities for the prosecution to use the facts against you.
If reliable evidence proves that your story is false, even the smallest part of it, a judge or jury are far less likely to believe anything that you have to say. Also, your new image as a liar could drastically alter their perception of you as a good person. If either happens, it will be much more difficult for you to avoid a conviction.
Creating a Defense Strategy: How to Beat a Burglary Charge
Once you tell your burglary defense attorney what happened, putting together a defense strategy should quickly follow. If you’ve selected a good lawyer, they will have experience assisting several other people who have been in situations similar to yours, which will help substantially during this process.
The following is an example from a real case that I recently won:
Frank called my office one day after he had been charged and arrested for residential burglary and attempted residential burglary, both of which are felonies in California. Had he been convicted of these crimes, he could have served several years in prison and be ordered to pay a lot of money in fines.
When he told me his story, he was very concerned. He said that two homes had been burglarized in Orange County that were within one mile from each other. He had been arrested at the second home with a bag that contained stolen items from the first. When he was arrested, he admitted to his arresting officers that the contents were his.
Despite the amount of evidence against him, Frank and I developed a defense strategy to help show that he was innocent. We showcased the facts and helped convince the jury that he only confessed to owning the items because he wanted to keep his friend out of trouble.
In the end, Frank was found not guilty of both burglary charges and guilty of possessing stolen property. He was immediately released and granted probation for his offense.
Frank and I were successful because we used the facts to help prove Frank’s story.
If your account is true, but the facts do not support it, you are going to have to consider other options.
One-Size-Fits-All Does Not Apply For Creating Your Best Defense
Just as each burglary charge is unique, the circumstances surrounding the allegations are also unique. This is not a “one-size-fits-all” situation where what is best for one person will always be best for another. In fact, trying to duplicate another person’s strategy from a different court could make things worse.
Your lawyer should understand your various options and devise a strategy that is unique and personalized to fit the specific circumstances and facts surrounding your offense. Strategies must be tailored for each case for you to have the best chance of winning. The prosecutor must prove beyond a reasonable doubt that you are guilty for you to be convicted and sentenced. Any attorney with any degree of competence will use this to their advantage when defending your rights in a court of law.
It is never advisable to use the same strategy as someone else just because it has worked for them. Unless the facts and circumstances of your case are identical in every way to another case, the ‘one-size-fits-all’ strategy may blow up in your face and result in your being sentenced to hard time in prison.
Common Defenses to Burglary Charges in California
While there is no one absolute defense that will work best in every case, attorneys have developed several common strategies that have worked in numerous cases. A good lawyer can use these basic arguments and tailor them to fit the facts and circumstances of their client’s situation.
- Mistaken identity – If the description of the alleged perpetrator can fit any number of people, the attorney may be able to argue that this is a simple case of mistaken identity. This is a strong defense if you have a witness that can place you somewhere else at the time of the alleged act.
- Improper questioning – If the arresting officer failed to read you your Miranda rights at the time of your arrest, anything you said after your arrest might be inadmissible in court. Furthermore, any evidence that was discovered as a result of your answers to improper questions may be thrown out as well.
- You had permission to remove the items in question – This may be used if you took the items in question and truly believed that the owner gave you permission to remove them. This is typically used in situations where the defendant is the actual owner of the property or when the owner of the property has willingly invited the defendant to enter, knowing that the defendant may have illegal intentions.
- Alibi – An alibi is often the best defense in cases where the defendant was not arrested at the scene of the crime. If the lawyer can present witnesses or other evidence that proves that you were somewhere other than at the scene of the crime when the crime was committed, you can avoid a conviction.
- Illegal search and seizure – For a police officer to search you or your property, they must have probable cause or obtain a search warrant. Under the Fourth Amendment of the U. S. Constitution, we are protected from illegal searches and seizures. Any evidence that was obtained through an illegal search will be inadmissible in court.
- Lack of intent – An element that a prosecutor must prove is that you had the intent to commit theft or another felony when you entered a location. If you did not have the intent to commit a crime when you entered the premises, you could not be found guilty of this offense. For example, if you had been drugged before entering the premises and only decided to take something after you were inside, your attorney may be able to use this to defeat the charges. Voluntary intoxication is typically not considered a valid defense under a lack of intent.
Hire The Best
When your freedom is on the line, you shouldn’t have to settle for a second-rate attorney. You will not be able to successfully use some of the above strategies without the assistance of a lawyer who understands the specific laws and who can file the proper motions and make the correct arguments to convince a judge or jury that you are innocent.
Our attorneys have years of experience helping defendants in Orange County and Riverside learn how to beat their burglary charge. We will do our best to assist you as well.
Over 45 years of Collective Experience
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Our hard work and dedication have created a reputation that precedes us, and you will need every advantage available when your freedom is on the line.
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