Charged With Auto Burglary During a Blackout

My question involves criminal law for the state of: California


Ok let me get down to it. I just turned 26, im a college graduate, I make decent money. Arrest record - drunk in public (2008,2010)

Now to the night my life turned upside down.

It was last Saturday night, my bestfriends girlfriend turned 25 and we decided that we would go out to a bar in the small town we live in (population 1800) the solo bar in this town is about a half a mile from his house where we all were planning on staying on couches and guest rooms. Back story of this week. I have costocondritis from a previous highschool football injury. Never went to the doctor for it but my boss finally sent me when he was tired of me complaining at work about it. They prescribed me a handful of vicoden 5mg and referred me to a specialist. So that day I had taken one in the morning and once at about 4oclock pm. back to the night. We went out and I had a couple beers and we were all enjoying eachother and having a great time, at about midnight I had realized that I was feeling a bit weird. Not a bad weird like I was sick but like the alcohol was effecting me more then my friends. I took it in stride and carried on. That's when the lights went out for me. Now I can remember snipits in the night like walking home with everyone but on the way I seen an old friend who happens to be the next door neighbor to the people that I went out with. I went to her house for awhile (from what im told) and she asked me to help walk her sister home who lives bout a quarter mile in the opposite direction of the bar (again this is what im told) she told me that I had seen another friend on the way who lived at this house. I know nobody on that side of main street. And apparently that police report said that I broke a window of a mans car with a rock. Now I don't know the details of what the guy who called said or what. the next thing I know im waking up in the jail with no shirt no shoes. No idea of what I had done and scared to death. I didn't know if I hit somebody driving or if I had got in a fight or what. Absolutely no idea of what I actually did. Now Im a grown man and should be held accountable for my actions but for all I know someone broke into a car and I was just in the wrong place at the wrong time. The police report said a man with black shorts on, I clearly had on light colored kakis. Ive never stolen anything from a person in my life, and am very embarrassed that that is a label on my self right now. I have hired an attorney and am awaiting a court date. (by the way, didn't have to bond out of jail, which strikes me odd because on my way out the arresting officer told me it was a felony). Never been in this situation before, and I don't meet with my attorney until my file gets to the DA which we think will be this Thursday. But im having a real hard time dealing with this, so was hoping to reach out to someone on here that maybe has a couple answers to help me sleep. Ive done a little research and 3 years in prison is enough to make my nighmares come alive at night especially when I have worked so hard to get to the point I am in life. Any advice, even constructed critisim is welcome. And NO I do not belive I took anything from the vehicle as far as im told though.

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sorry for the typing errors, have a lot on my mind.

So, booze and pills and you became a black out drunk who has no idea what he did or didn't do.

I suggest you rely on your lawyer and exercise your right to remain silent, including erasing your post because everything you wrote can be seen by the prosecutor and used against you.

Give the kid credit for lack of knowledge Jack. I can take vicodin, klonopin, and drink several ounces of 151 without it having much effect due to my medical issues. All I do is sing, in contrast from being normally so Disagreeable. The kid was either stone drunk and blacked out or is lying.

He needs a lawyer for sure.

He needs psychiatric help with his alcohol problem. Given prior arrests for intoxication, this new situation puts him in the clinical substance abuse disorder realm.

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Quoting flyingron

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He needs a lawyer for sure.

He needs psychiatric help with his alcohol problem. Given prior arrests for intoxication, this new situation puts him in the clinical substance abuse disorder realm.

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If I took a vicodin and drank even a couple of drinks I would be out cold. However I agree, his prior arrests speak volumes.

Passing out in your own home isn't particularly clinical. Getting arrested multiple times is.

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Quoting Campingworldsales

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Ok let me get down to it. I just turned 26, im a college graduate, I make decent money. Arrest record - drunk in public (2008,2010)

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Clearly, you have a problem controlling your alcohol consumption.

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They prescribed me a handful of vicoden 5mg and referred me to a specialist. So that day I had taken one in the morning and once at about 4oclock pm. back to the night. We went out and I had a couple beers and we were all enjoying eachother and having a great time, at about midnight I had realized that I was feeling a bit weird. Not a bad weird like I was sick but like the alcohol was effecting me more then my friends.

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There was a warning on the Vicodin label that said not to use with alcohol. The opiate has what can be referred to as a "synergistic" effect in that the CNS depressant (the alcohol) and the opiate (the Vicodin) can exaggerate each other's effects such that you will be far more impaired than you might normally be if had consumed only one or the other. Given your apparent problem controlling yourself on alcohol, I am also suspicious of the claim that you had "two beers" (especially since this is also THE #1 answer nationwide when patients and suspects are asked, "How much have you had to drink tonight?" when they are contacted for negative issues regarding their actions while under the influence). So, your alcohol issues coupled with the pills were a recipe for disaster.

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Absolutely no idea of what I actually did. Now Im a grown man and should be held accountable for my actions but for all I know someone broke into a car and I was just in the wrong place at the wrong time.

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Yes, you were in the wrong place ... apparently, someone else's car.

Auto burglary is NOT breaking a car window as that is misdemeanor vandalism. Apparently you bnroke in and took something (or, if attempted burglary, TRIED to steal something).

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The police report said a man with black shorts on, I clearly had on light colored kakis.

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The reporting party may have had that part wrong. Ultimately, the state will have to show that you likely committed the crime.

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Ive never stolen anything from a person in my life, and am very embarrassed that that is a label on my self right now. I have hired an attorney and am awaiting a court date. (by the way, didn't have to bond out of jail, which strikes me odd because on my way out the arresting officer told me it was a felony).

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That is odd ... unless you saw a judge and he released you, you should not have been summariuly released on a felony. You're lucky if you were. Or, two days had passed and the DA did not arraign you for some reason so they released you pending the filing of charges.

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Ive done a little research and 3 years in prison is enough to make my nighmares come alive at night especially when I have worked so hard to get to the point I am in life. Any advice, even constructed critisim is welcome. And NO I do not belive I took anything from the vehicle as far as im told though.

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Your attorney will know more when the police report comes.

Ultimately, you will NOT do prison time for a first offense burglary. It will not happen in CA. If convicted, you can count on probation with search conditions, likely alcohol counseling and a prohibition against consuming or going to places where alcohol is the primary substance served (i.e. bars and liquor stores) and the payment of fines and restitution. MAYBE a short jail stay for a weekend or weekends, and maybe community service.

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Quoting Campingworldsales

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And apparently that police report said that I broke a window of a mans car with a rock.... Now Im a grown man and should be held accountable for my actions but for all I know someone broke into a car and I was just in the wrong place at the wrong time. The police report said a man with black shorts on, I clearly had on light colored kakis.

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The charge isn't that you were a guy who simply broke a car window with a rock. The charge that you describe is burglary from the vehicle. Even if the witness says "shorts" and you were wearing khakis, there remains the question of what was stolen from the vehicle and whether it was in your possession when the police arrested you. You've also not shared how the police came to conclude that you were the person who broke into the vehicle -- there's more evidence against you than you've indicated here.

You should (a) work with your lawyer and (b) get a substance abuse screening with appropriate follow-up care.

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Quoting adjusterjack

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So, booze and pills and you became a black out drunk who has no idea what he did or didn't do.

I suggest you rely on your lawyer and exercise your right to remain silent, including erasing your post because everything you wrote can be seen by the prosecutor and used against you.

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Thanks for your imput. You defiantly where the kid who got picked on in highschool and feel the need to troll forums to get attention... should i delete this post? Please tell me more about a prosecuter hacking my ip through a worldwide forum to bust me in the act!!!

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should i delete this post?

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It's too late now. There's only a specific window where you can do so. The post is now part of the site's permanent collection.

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Please tell me more about a prosecuter hacking my ip through a worldwide forum to bust me in the act!!!

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The prosecutor doesn't have to hack anything. More than one idiot has aided a state's case against them by posting identifying information to public forums (despite MULTIPLE warnings not to do so). A prosecutor's assistant or investigator simply Googles a few keywords, compares the dates of postings with the dates of any incident they're curious about, finds the post, and asks or subpoenas the mods of the forum (because the forum keeps track of your IP and all that happy info). Happens more often than you'd think.

Prosecutor's investigator: "Hmmm... what's this pending case? Lemme Google "burglary to a vehicle charge", "California", "arrested". Interesting, here are a few. Oh look, it appears that one of these posters works at Camping World. Well whadda ya know, the defendant in this case also works at Camping World. Hm, this guy says he's 26. Wow, the defendant is also 26. Lemme look into this further..."

It's really not a stretch. Fortunately for you, I don't see anything of particular interest to the prosecutor in your post. Facts that you mention are likely things they already know, and if you don't remember, you don't remember. But Jack wasn't trying to be an ass to you; he was simply informing you for your OWN GOOD that your posting (especially the username) could potentially be used by a resourceful prosecutor's office to make your already difficult situation even MORE difficult for you. Cut folks some slack when you're the one asking for HELP.