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What evidence do police need to charge me with burglary?

Granada Hills, CA |

There are 3 people "involved" in a residential burglary but 1 may not have known what was happening and the other 2 are on the run but the 3rd was questioned and police don't have any evidence after searching his house and car and finding nothing only a neighbor called and said she saw his car and him,although he claims he was just stopping to use the bathroom outside of the house when nobody was home and that's when the neighbor called the police and said she saw someone walking around the outside of that house.That same house was later broken into and they're blaming him.What happens to him?

Attorney Answers 2


  1. You've posted a half dozen similar questions. My advice is the same:

    Don't talk to ANYONE about this except an attorney.

    What evidence do they need? There was a burglary at a house. Someone thinks they saw you there. You admitted to the cops that you were there, but claim you just happened to pick that particular place at that particular time to pee in the bushes.

    That's at least enough evidence to charge you, although it might not result in a conviction.

    As I've posted in response to your other questions, residential burglary is a felony with a sentencing range of two, four or six years. It is "prison presumptive," which means if you're convicted, the judge has to send you to prison unless there is some unusual reason to grant probation. If you do get probation, there will probably be some jail time involved... a year at max.

    Residential burglary is also a "strike" under the Three Strikes law, so it can increase the punishment for any future felony conviction.

    You need a lawyer. If you can't afford to hire your own, the judge will appoint the public defender when you go to court.

    In the meantime, do not talk to ANYONE about this case except your lawyer. If the police contact you, politely say you want to remain silent and won't answer any questions without an attorney present.

    You and your family should NOT try to negotiate directly with the police or district attorney, as one person suggested in response to one of your earlier posts. That is probably the WORST advice I have ever heard on Avvo.


  2. My only advice at this time is for you to CONSULT AN ATTORNEY. You can more than likely get a free consultation so that the Lawyer can examine all the facts surrounding your case and if somehow,, you have been charged with burglary 459 penal code, you should have an Attorney at your side.

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