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Idaho, can they charge someone with felony burglary when a $50 item was taken from wal-mart

Pocatello, ID |

my son was with his girlfriend and she stole some sheets, my son didn't steal anything. Both of them left the store and weren't caught by security. A week later my son was arrested for 2 counts of felony burglary and is currently in jail. The police depts report claims that my son was an accessory to the theft by only security cameras. I can understand if they were charged with petit theft but how can they charge him with a felony, for one he wasn't caught leaving and two how can walmart prove they were there just to steal if they didn't catch them. Is there something I can do?

btw, my son has no previous theft charges of any kind.

Attorney Answers 1


If your son is currently in jail and has been arraigned on the charges, he should have been appointed a public defender (if he could not afford an attorney). If he can afford an attorney, he needs to hire legal counsel.

In Idaho, burglary is a felony and is defined as follows: "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, trailer, airplane or railroad car, with intent to commit any theft or any felony, is guilty of burglary." Idaho Code § 18-1401.

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