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Its my first offense and im charged with a felony of burglary in a residence what are the chances i wont go to jail?

Houston, TX |

harris county. in the report the police said i cooperated and i never broke into the house i stayed in the car at all times. i confessed to the cops that me and two friends had the intention of braking in so they see me as i was part of it. they recorded me in a tape as i was confessing.

Attorney Answers 3

Posted

Burglary of a residence is generally consdered a pretty serious event. Chancess of not going to jail, I think are very slim and that the probability would be prison.
You can be a burglar with out entry. You only need to encourage the friends in their criminal endeavor.
Get a lawyer.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

From what you have described, if a burglary can otherwise be proven by the actions of your friend(s), then you are in a bind. As long as the recorded statement included your Miranda type warnings required by Texas CCP 38.22, your confession may be admissible. They still have to prove you assisted in some way. Just knowing and being "in the car" may not be enough.

You need a really good lawyer. You had the right to a lawyer when you made that foolish confession. You gave it up. Don't continue to compound the mistake by not getting a very good lawyer at this point.

Good luck.

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Posted

First offenders often get probation after some hard work by a good lawyer.

However, in the vast majority of felonies, jail for at least a short time is unavoidable. This is because of the way in which a warrant for arrest is taken care of. The defendant typically is either arrested or turns him or herself in, and then a bail bond is posted.

In very rare instances, a summons can be substituted for a warrant. I have not seen this done in many years.

So, the direct answer to your question is that you will almost certainly go to jail if only until you bond out awaiting trial. Depending on where you are being prosecuted, what the details of the case are, your background, the prosecutor, the judge, etc., you may well get probation. But, that is not guaranteed.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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