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  1. #1
    Join Date
    Nov 2019
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    1

    Default Can a Person Be Convicted of Attempted Burglary if They Did No Enter the Home

    My question involves criminal law for the state of:riverside california. my brother is currently in jail doing a parole violation . he is suppose to be released on the 3rd of this month, but he has a hold and bail amount for a million dollars for attempted burglary.. they have no evidence that it was him. but he was picked out of a line up. i seen the video on neighborhood watch in corona. the video that was sent to the police does not show anyones face. its just a guy that has a hood on. couldnt see a face at all.
    should i get a attorney

  2. #2
    Join Date
    Sep 2010
    Posts
    19,481

    Default Re: Can a Person Be Convicted of Attempted Burglary if They Did No Enter the Home

    All the state needs to show is that he intended to commit a burglary and made some act toward doing so. Indeed looking in the windows or otherwise casing the joint is such an act. If he had actually entered (even without stealing anything), that would be "burglary" itself. "Burglary" is entering a structure with the intent of committing another felony (usually theft). Burglary doesn't require that actual secondary felony to have occurred, just that you entered with the intent of doing so.

    Frankly, if he has a bail set like that, there's likely been more probable cause than what you're describing. Your brother needs a lawyer big time.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,522

    Default Re: Can a Person Be Convicted of Attempted Burglary if They Did No Enter the Home

    Quote Quoting audrey93
    View Post
    My question involves criminal law for the state of:riverside california. my brother is currently in jail doing a parole violation . he is suppose to be released on the 3rd of this month, but he has a hold and bail amount for a million dollars for attempted burglary.. they have no evidence that it was him. but he was picked out of a line up. i seen the video on neighborhood watch in corona. the video that was sent to the police does not show anyones face. its just a guy that has a hood on. couldnt see a face at all.
    should i get a attorney
    First off, if they truly had "no evidence" they could never get the DA to pursue the case, much less get a conviction. So, yes, they DO have evidence. YOU are just not aware of what that evidence might be just yet. The police and the prosecutor are not going to flash all their cards, and certainly not to you.

    Second, if the bail is for $1 million, then it is a lot more than just a simple burglary. Property crimes - including burglary - are big, whoppin' nothings in this state today, for the most part. And the residential burglary of an occupied dwelling is often in the low tens of thousands. For example, in Riverside County, the bail for residential PC 459 appears to be $35,000. Your brother's is set at $1 million. So, no, your brother is not facing a mere burglary offense with no evidence.

    As for you obtaining an attorney, why? This is your brother's problem, and one I suspect he made himself. If you want to fork out tens of thousands of dollars for an attorney, go ahead. But, if he is indigent and unable to afford one, the court will appoint an attorney for him.
    **********
    Retired Cal Cop Sergeant & Teacher

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  4. #4
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    319

    Default Re: Can a Person Be Convicted of Attempted Burglary if They Did No Enter the Home

    California Penal Code:Preliminary provisions.

    21a. An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,656

    Default Re: Can a Person Be Convicted of Attempted Burglary if They Did No Enter the Home

    Quote Quoting audrey93
    View Post
    My question involves criminal law for the state of:riverside california. my brother is currently in jail doing a parole violation . he is suppose to be released on the 3rd of this month, but he has a hold and bail amount for a million dollars for attempted burglary.. they have no evidence that it was him. but he was picked out of a line up. i seen the video on neighborhood watch in corona. the video that was sent to the police does not show anyones face. its just a guy that has a hood on. couldnt see a face at all.
    should i get a attorney
    You said
    they have no evidence that it was him.
    , you also said
    i seen the video on neighborhood watch in corona. the video that was sent to the police does not show anyones face. its just a guy that has a hood on. couldnt see a face at all.
    and you also said
    but he was picked out of a line up.
    The video may only show the build and what the perpetrator were wearing, if your brother is the same build and wearing the same clothing as the man in the video, it stacks up against him. But the most damaging evidence they do have against him is the eye-witness. Without an eye-witness, they wouldn't have picked him, out of a line-up.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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