Drug Charges and Burglary

My question involves criminal law for the state of: California
I have been charged with prescription fraud and burglary. I think I know what the fraud charge is about, but I don't understand the burglary charge. I have looked it up and it seems to me it is "entering with unlawful intent."
I am unable to do prop 36 because of the 2 combined charges. Is it possible to get the burglary charges dropped since it is a technicality? Will I then be able to do prop 36? I am an at home mom and this happened 2 yrs. ago with the charges coming on two months ago. I have never done anything like this, and I am really scared about the severity of these charges. Why would they put burglary down, and as a felony? Please help.

We don't know the facts of what happened, and thus cannot explain the charge to you.

You should be working with a criminal defense lawyer.

I never recieved a letter in the mail, nor was I ever informed of this charge. I tried to get the police report, but they said I have to wait until my first court date. If this is for what I think it's for, I wrote out a prescription and took it to a pharmacy, but never forced my entry or try to steal anything. So my question is why would burglary be a charge? Should I use public defender or should I get a lawyer? Can the charge for burglary be dropped if it is just for entering with intent to do something illegal?

Where did you get the blank prescription form? From a doctor's office? If so, that might be the burlary charge. But as was pointed out, there's no way for us to know.

If you have the money you should always always always hire your own lawyer. If you have no money you will have to take the public defender. Your lawyer, which ever way you go, can find out what evidence they have for the burglary and whether that charge is factual or just a bargaining chip. Sometimes charges are piled on to scare the defendant even when there is no chance of making them stick. They do it to make you feel the way you feel now. That is why you need a non-emotional lawyer who knows the law, rules of evidence, discovery, etc.

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Quoting confusednafraid

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I have been charged with prescription fraud and burglary. I think I know what the fraud charge is about, but I don't understand the burglary charge. I have looked it up and it seems to me it is "entering with unlawful intent."

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That's one definition.

So, if you entered the pharmacy with the intent to pass the fraudulent prescription, you entered the building with the intent to commit a felony and thus, "burglary" pursuant to PC 459.

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I am unable to do prop 36 because of the 2 combined charges. Is it possible to get the burglary charges dropped since it is a technicality? Will I then be able to do prop 36?

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The law is all about technicalities.

Your attorney might be able to work out a plead deal for Prop 36, but I don't see where prescription fraud is eligible for Prop 36. It would seem that both charges are ineligible.

- Carl

See
http://www.prop36.org/faq.html#wq1

Prescription fraud is not specified as being eligible.

Thank you so much for the comments!! I guess I am confused about the prop 36 thing. Every legal website I go to states that prop 36 pertains to "non-voilent drug offenders" and also lists it in the same catagory as prescription fraud. If prop 36 isn't available what are some other options I should seek out with my attourney? I just would like to know how not to go to jail (if possible). I made a mistake and I have a daughter to raise. Please help!!

Possession or use of prescription meds might be covered, passing a fraudulent prescription is not.

There may be other options for a deferred entry of judgment in your county. Your attorney should know if other options are available.

- Carl