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  1. #1

    Default Charged With Burglary After Entering a Home While Drunk

    My question involves criminal law for the state of: California (south lake Tahoe)
    Hi, basically i woke up in jail the other night after blacking out, didn't remember how i got there but assumed it was a drunk in public or something of the sort .... when i asked the C.O. what my charge was he told me first degree burglary ...... needless to say i almost had a heart attack ... i had just signed a 1 year lease on a new apartment and was still (am still) in the process of moving. the new place is about 6 blocks from my old place. The house i supposedly burglarized is right in between the old and new houses.... soooo...
    Last thing i remember i was cleaning out the old house with my girlfriend and baby, we were arguing, i was drunk, she took the car and the baby to the new house , i think i finished the bottle of liquor and began walking to the new house ... blacked out, woke up in jail

    I have one prior drug felony from when i was 19 .... now 29 , have not been in trouble since, until now .... I had NO weapons, NO tools, NO backpack or car and CERTAINLY NO intent to steal anything. i guess... i mistook the house in my black out I had only been to the new house twice and only spent one night in it
    After 2 nights in jail they released me because i guess the D.A. had not done some paperwork in time ... now i dont know what to do when they refile... they told me they have a year to do so , and im assuming they will.

    ANY ADVICE IS GREATLY APPRECIATED

  2. #2
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: First Degree Burglary. I Wandered in Drunk by Accident. Advice

    Keep your mouth shut, your record clean and your faith in God.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charged With Burglary After Entering a Home While Drunk

    Are you in treatment for your alcoholism yet? Doing 90 in 90? Anything? If I were your lawyer talking to the prosecutor or arguing for leniency with the judge, I would want to have something I could point to that would show you to be taking this seriously.

    You will need to review the police report with your lawyer to determine the reason you are being charged with burglary. They have to have a theory under which you entered with the "intent to commit grand or petit larceny or any felony is guilty of burglary", but we have no way of knowing what that theory is or the facts beyond mere entry that support the theory.

    It's possible that the case didn't initially move forward because the prosecutor realized that there was a lack of evidence of intent to commit a crime that would support a burglary charge, but if that's the case I would not be at all surprised to see a lesser charge substituted and a new warrant authorized.

  4. #4

    Default Re: Charged With Burglary After Entering a Home While Drunk

    thank you so much for the feed back ... im going to start the aa meetings today , i have been to a lawyer already but doesn't seem like im ging to be able to afford it , so i really appreciate you responding to my thread... the lawyer i spoke to called the DA in front of me and said that the case was stil not in the DA's office. hope it never makes it there.... probably wont be long though ... i wish there was a way to get the discovery before the court date, but my lawyer i spoke to told me they would not even sell it to me, contrary to what i had read elsewere on the internet
    Could he just be saying that so that i retain him?.... or is there a legal right i have to see the discovery?.... i mean wouldn't you think it would be my right to see what they are prepairing for me?... again any and all advice is deeply appreciated.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Charged With Burglary After Entering a Home While Drunk

    At this point the prosecutor may not even have a file that would be subject to discovery. But even if they do, discovery rights don't start until after you're charged. The amount of information a prosecutor would have to disclose in discovery varies significantly by state.

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