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WHAT AND HOW MUCH EVIDENCE IS NEEDED TO CONVICT SOMEONE OF BURGLARY OF HABITATION?

Houston, TX |

A FRIEND OF MINE IS GOING TO TRIAL ON A BURGLARY OF HABITATION CHARGE BUT HE DIDN'T COMMIT THE CRIME,BUT A WITNESS SAY'S SHE SAW HIM NEAR THE CRIME SCENE

Attorney Answers 3


  1. The typical way these cases fail is that the State has to prove that the defendant actually broke the plane of the door or more simply put went into the house. It's not enough to prove he was seen near by. They will need evidence that he was in the house such as video, fingerprints or DNA. Your friend should review the evidence against him with his attorney. Good Luck.


  2. I would think that there is more than just being seen near the crime scene.

    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.


  3. If he was seen near the crime scene with the property of the owner of the home this is known as circumstantial evidence and circumstantial evidence just as direct evidence must be proven beyond a reasonable doubt.

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