Burglary of Habitation I Was Living in

[Altie]

My question involves criminal law for the state of: Texas
I was charged with burglary of habitation in a house I shared with a roommate. The house was owned by his sister, and I nor he were on the lease. He told me that we would not being staying in the house for 30 days for repairs to the floors where being made. We each stayed at our families houses. We shared a key and he told me if I needed to grab anything from the house there would be a spare outside. I went one night with a friend to get some cd's of mine, but the key wasnt there, and the doors were locked. I put my friend through the AC unit in the window to look for my stuff. During that time the cops showed up and I had a warrant so I ran off while my friend was still inside. they arrested my friend who told them he was there to help me get my stuff, when the cops contacted my roommate he said he did not know my friend, and that he kicked me out of the house 2 weeks before, and accused us of stealing a stereo. We didnt steal anything, there was nothing found, put we are still charged with burglary. How can I prove that I was still a resident at that time ?

[jk]

well, that may be tough. Since you admit you were staying elsewhere and the guy you were living with said he kicked you out, you actually weren't living there unless you can prove the guy is lying. While he cannot actually just kick you out, if he told you to leave and you agreed, there is nothing improper about that.

How long were you staying with your family?