Accused of Burglary, but I Didn't Break In Before Stealing

My question involves criminal law for the state of: WI

About a month ago my mother was house sitting for one of her friends, I was invited over by her to meet the dogs and hang out with her for a while. While I was in the house I ended up seeing 2 watches, and ended up stealing them and selling them at a pawn shop. To make a long story short, the DA has now filled charges of burglary and there is now a felony warrent for my arrest. I didnt break into the house, i was invited in. Yes i am guilty of theft, but burglary...NO. My question is what steps should I take now. I know I need a lawyer, but right now I can not afford one. Should I turn myself in and hope a public deffender will straighten it out for me?...Im a former Marine, I dont have a criminal record....Ive just got mixed up into drugs after the death of my brother and now im dealing with the bulls*** that comes from it. Im also in the middle of a Misd. theft case....any advise would help. thank you.

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.any advise would help. thank you.

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If you cannot afford an attorney, one will be appointed to you. The court has set rules to determine if you qualify for a public defender or not. If you don't qualify, you need to find a way to hire a private attorney.

i do qualify for a PD...I guess what Im wondering what my options are are far as...can the charges be dropped? will they be dropped or will i have to go to trial before that can happen? Is this an offence that I will have a high bail set for me or is there a option of getting a pr bond?

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when I say dropped i mean dropped dopwn to theft or something other than burglary because its not what happend

whether the charges or dropped or reduced is entirely up to the prosecutor and the negotiating skills of you or your attorney. Nobody can guess what the prosecutor might do.

the bond issue is up to the judge. Again, nobody can guess what the judge might do.

Going into a room, other than which you were invited, qualifies as burglary. If mom invited you into the livingroom and kitchen, authorized you to go to the bathroom and you robbed a bedroom on the way, you are guilty of burglary.

943.10  Burglary.

Burglary is entering with the intent to commit a crime, and you do not hafta "break" anything during commission, only enter.

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Quoting deviln27

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My question involves criminal law for the state of: WI

About a month ago my mother was house sitting for one of her friends, I was invited over by her to meet the dogs and hang out with her for a while. While I was in the house I ended up seeing 2 watches, and ended up stealing them and selling them at a pawn shop. To make a long story short, the DA has now filled charges of burglary and there is now a felony warrent for my arrest. I didnt break into the house, i was invited in. Yes i am guilty of theft, but burglary...NO. My question is what steps should I take now. I know I need a lawyer, but right now I can not afford one. Should I turn myself in and hope a public deffender will straighten it out for me?...Im a former Marine, I dont have a criminal record....Ive just got mixed up into drugs after the death of my brother and now im dealing with the bulls*** that comes from it. Im also in the middle of a Misd. theft case....any advise would help. thank you.

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A bit of practical advice:

Don't use the "military" card, and don't use the "family death" card in court.

Seriously.

Sorry SOUPERDAVE, but that is INCORRECT in Wisconsin. In Wisconsin, you have to have NON-PERMISSIVE entry. If someone legitimately in possession of the house allows entry, it can NOT be burglary. You don't have to "break" for it to be burglary, but if someone invites you in and you steal it is NOT.

Of course, they can revise that to theft at any time prior to the start of the trial.

You need to be requesting the PD at your earliest opportunity.

Read the WI statute I listed. The non-permissive entry can be room specific.

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Quoting flyingron

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Sorry SOUPERDAVE, but that is INCORRECT in Wisconsin. In Wisconsin, you have to have NON-PERMISSIVE entry. If someone legitimately in possession of the house allows entry, it can NOT be burglary. You don't have to "break" for it to be burglary, but if someone invites you in and you steal it is NOT.

Of course, they can revise that to theft at any time prior to the start of the trial.

You need to be requesting the PD at your earliest opportunity.

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Has your mother been involved in investigation? What is her story about whether you had permission to enter the home?

Thanx Ron. I shoulda noted ".....unlawfully enters or remains.....".