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  1. #1

    Default Charged with Burglary of Structure Without Evidence of Even Entering Premises

    My question involves criminal law for the state of: Florida

    My boyfriend was recently charged with burglary of structure in the state of Florida. He was walking home from a bar at 2:30am and was stopped by a cop for looking suspicious. The cop claimed that he had seen him stash something in some bushes in a nearby park, and when he checked the bushes, found beer bottles. The cop also stated that he checked a nearby restaurant/bar's stock room, and there were missing bottles that match those he found in the bushes. However, my boyfriend was not on the premises, nor did he have the beer bottles on his person when he was stopped by the cops (because he didn't take them!). There is no evidence that he ever entered the building, and the restaurant is on a street that directly leads to our house, so it's not unreasonable that he would be passing by the building that late at night. The whole situation seems like a case of wrong place at the wrong time, but I'm so afraid he is going to go to prison for something he didn't do. Is this enough evidence for a conviction?

  2. #2
    Join Date
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    Default Re: Charged with Burglary of Structure Without Evidence of Even Entering Premises

    I suspect his attorney will be able to tear the accusations apart since he won't have any fingerprints on the bottles or the store they were stolen from.

  3. #3
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    Default Re: Charged with Burglary of Structure Without Evidence of Even Entering Premises

    Quote Quoting Lehk
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    I suspect his attorney will be able to tear the accusations apart since he won't have any fingerprints on the bottles or the store they were stolen from.
    Or, if the police collected evidence and the prosecutor chooses to go there, DNA.

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