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  1. #1
    Join Date
    May 2008
    Posts
    3

    Unhappy Charged With Burglary In 2nd Degree

    My question involves criminal law for the state of: Kentucky


    Hey,
    I was charged with burglary 2 about 5 days ago. This was for something that happened in January of 2008. A person's apartment was broken into and they called the police. A report was filed and that was the end of it. Now 5 months later, in late May, the person who's home was burglarized called the police and said that I called him and admitted that I had done this. The next day a detective shows up at my house asking questions. He said that if I didn't confess he would obtain a warrant for my arrest and take me to jail. So, of my own free will, I went to police headquarters and had an interview with the same detective. I admitted I had done it and he wrote me a ticket for burglary 2 and gave me a court date.

    The main reason I'm writing this is to find a lawyer in Lexington, KY who can get the charges reduced to a misdemeanor and help me through this process. Any suggestions or tips would be greatly appreciated. I can't be charged with a felony -- I'll never get a job. I'm just a 20 year old collage student who made a stupid mistake during a bad time in my life.

    Thanks in advance for the help guys!

    - Regards

  2. #2

    Default Re: Charged With Burglary In 2nd Degree

    Ok - let's look at some definitions:

    511.030 Burglary in the second degree.
    (1) A person is guilty of burglary in the second degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling.
    (2) Burglary in the second degree is a Class C felony.
    Effective: July 15, 1980

    511.060 Criminal trespass in the first degree.
    (1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling.
    (2) Criminal trespass in the first degree is a Class A misdemeanor

    The difference between felony burglary and misdemeanor trespass is: "with the intent to commit a crime".

    If you committed a crime while in there, you're looking at felony charges. If you were in there just roaming around, you might have a shot. Even if you got it down to 3rd degree burglary, that's still a felony in KY.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    May 2008
    Posts
    3

    Default Re: Charged With Burglary In 2nd Degree

    If you committed a crime while in there, you're looking at felony charges. If you were in there just roaming around, you might have a shot. Even if you got it down to 3rd degree burglary, that's still a felony in KY.
    So do you think it would be helpful to get a lawyer to try and get the charges reduced? The cop that wrote me the ticket said that we it goes to trail the DA may lower it to a misdemeanor. I just want to do everything I can to make that happen.

    What I'm asking essentially is, would it be in my best interest to hire a lawyer? If so, do you know any good ones in Kentucky?

    Thanks so much for your help.

  4. #4

    Default Re: Charged With Burglary In 2nd Degree

    Whenever anyone is even THINKING about charging you with a crime, you need an attorney - and the sooner, the BETTER.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  5. #5
    Join Date
    May 2008
    Posts
    3

    Default Re: Charged With Burglary In 2nd Degree

    Quote Quoting aardvarc
    View Post
    Whenever anyone is even THINKING about charging you with a crime, you need an attorney - and the sooner, the BETTER.
    Thanks so much for your help, aardvarc.

    Does anyone know of a good lawyer in Lexington, KY who would be good with a case like this. I do not have any recommendations and don't know where to start in selecting one. I would really like a referral from someone who has had experience with that particular lawyer. Also, I'm only a collage student so I don't have a huge some of money. I'd like to keep the legal fees under $1200 if possible. I don't anticipate this being a really long drawn out process, but I don't even know what lawyers charge per hour for this type of stuff.

    Thanks so much for the help!

  6. #6

    Default Re: Charged With Burglary In 2nd Degree

    "I don't anticipate this being a really long drawn out process"...
    right now I am facing the same charge. I was arrested in Sept. and have had many court dates since. I think part of the process is going to be time consuming. I still dont have a court date. I dont know how much truth it is to what the prosecutor told me but the Commonwealth of KY is not looking to make deals on Burglary charges. You may want to get a lawyer and discuss with your lawyer and the prosecutor any possibilities of amended charges. Im only 23 so I understand what u mean about the not wanting a felony thing. I guess I will just have to see where this goes. Ive never been in trouble and I'm in college. Hopefully it will all work out

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