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  1. #1
    Join Date
    May 2008
    Location
    maryland
    Posts
    1

    Unhappy Charged With First Degree Burglary

    My question involves criminal law for the state of: Maryland.

    my boyfriend is being charged with - first degree burglary, malicious destruction property value +$500, Theft:Less $500 Value, Attempted/Burglary-First Degree, Theft: $500 Plus Value, Conspiracy/Burglary-First Degree, Con-Theft: $500 Plus Value. 34 charges in all. the police haven't recovered the stolen property. they have my boyfriends fingerprints on the OUTSIDE of a door to one of the homes (the charges are for multiple houses). they have my boyfriends dna, but haven't processed it yet. at the supposed time of the supposed burglaries, nobody was home, and the supposed time was during the early morning. isn't FIRST degree burglary when someone is home & a weapon is used? i believe there is another suspect but he hasn't been charged, yet they are charging my boyfriend with conspiracy? can they uphold a conviction without circumstantial evidence? whats the chances of him beating this case? what can happen at his motion hearings? he gets arraigned in 2 weeks. if they cant prove these charges, can they hit him with a lesser charge or do they need to reduce the charges before the actual arraignment? i know absolutely NOTHING about criminal law, please help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charged With First Degree Burglary

    [FONT=verdana,geneva,lucida,'lucida grande',arial,helvetica,sans-serif]
    Quote Quoting helpmeplz08
    View Post
    isn't FIRST degree burglary when someone is home & a weapon is used?
    Quote Quoting Maryland Code § 6-202. Burglary in the first degree.
    (a) Prohibited.- A person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence.

    (b) Penalty.- A person who violates this section is guilty of the felony of burglary in the first degree and on conviction is subject to imprisonment not exceeding 20 years.
    Quote Quoting helpmeplz08
    View Post
    i believe there is another suspect but he hasn't been charged, yet they are charging my boyfriend with conspiracy? can they uphold a conviction without circumstantial evidence? whats the chances of him beating this case? what can happen at his motion hearings? he gets arraigned in 2 weeks. if they cant prove these charges, can they hit him with a lesser charge or do they need to reduce the charges before the actual arraignment?
    Yes, they can convict on circumstantial evidence. As for the rest, your boyfriend needs to discuss those issues with his lawyer.
    [/FONT]

  3. #3
    Join Date
    Jul 2008
    Location
    alabama
    Posts
    15

    Default Re: Charged With First Degree Burglary

    I do believe the definition for the first degree burglary is with a dangerous instrument or weapon. you should really check with a public defender for him. I do not know about the lesser charge since they do have his finger prints. do you know who the other person is? maybe your boyfriend can give up the name for a deal. Has he had a preliminary hearing to find out what the other side has? that is his chance to hear what they got and to ask for a bond to be lowered or get a bondsman or to ask for the casse to be quash. I am not a lawyer but I am going through some similar things with my son.

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