WHAT EXACTLY DO I NEED TO DO TO BEAT A COMMERCIAL BURGLARY CHARGE FROM WALMART IN CA?

I HAVE COURT IN 2 DAYS IN MANTECA CA FOR A WALMART COMMERCIAL BURGLARY CHARGE I WAS STOPPED BY WALMART LOSS PREVENTION INSIDE THE STORE NEAR THE RESTROOM WITH MERCHANDISE BUT I HAD NOT LEFT THE STORE WHEN THEY TOOK ME INTO CUSTODY AND WAS BOOKED BY THE POLICE AND TAKEN TO JAIL WHAT DO I HAVE TO TO DO TO BEAT THIS CHARGE? I WAS STILL INSIDE THE STORE WITH THE MERCHANDISE , IS THERE ANYTHING THAT I CAN DO TO HAVE THIS CASE THROWN OUT ? OR TO KEEP ME FROM GOING TO JAIL?

Tracy, CA -

Attorney Answers (5)

John M. Kaman

John M. Kaman

Criminal Defense Attorney - San Francisco, CA
Answered

You do need to hire a lawyer or ask for the public defender. That said, it is not necessary that you left the store for the charge to stick. Any act of dominion or control over the store's property all do whether you walked past the cash registers or not. For commercial burglary the People will have to prove that you entered the store with the intent to commit larceny. This is a more difficult burden than is sometims thought.

Jasen Bodie Nielsen

Jasen Bodie Nielsen

Criminal Defense Attorney - Santa Barbara, CA
Answered

Your best bet is to hire a locally experienced defense attorney. Nobody on here is going to be able to give you a competent and thorough answer without having a chance to review all of the evidence in your case. Good luck.

Jasen Nielsen

Alan James Brinkmeier

Alan James Brinkmeier

Lawsuit / Dispute Attorney - Chicago, IL
Answered

Hire a lawyer and come up with a defense. You have listed none in these facts

Brian K Wanerman

Brian K Wanerman

Criminal Defense Attorney - Sacramento, CA
Answered

I agree with Mr. Kaman. (1) You need a lawyer right away if you don't already have one. (2) Where you were when apprehended is not conclusive. The relevant issue is your intent. Where you were might be a relevant fact in showing your intent or lack thereof. As Mr. Kaman points out, the burden will be on the prosecution to prove you entered the store with intent to commit larceny. The prosecution will have to prove this beyond a reasonable doubt and, as Mr. Kaman points out, that is easier said than done.

The response above is not intended as legal advice. This response does not create an attorney-client relationship.... more
Curtis Lamar Harrington Jr

Curtis Lamar Harrington Jr

Criminal Defense Attorney - Long Beach, CA
Answered

Hire a GOOD outside lawyer and pay him well to take it to the limit.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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