While you recite several "facts" you don't ask a question. Has he been arrested? Has the State actually charged him? A good criminal defense attorney could possibly head this one off at the pass before the prosecutor presents the case to a grand jury or files an information in the case. (Assuming there is some proof the facts are as you recite them. Don't delay, what you spend on an attorney now could save costs from having to post bond and/or even having a reduced bond for this First Degree felony charge. The punishment range on a First Degree felony is not less than five years up to ninety-nine years or life in prison and a fine not to exceed $10,000.00. Very serious charge. Does your son have any criminal history? Has he ever been charged with failure to appear? Those are additional considerations. Get him an attorney quickly.
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These cases are very fact specific. When you meet with a lawyer, have your son bring anything that he has to show residency at the address: bills, other mail, DL or ID. Also, because of the nature of the case, I would avoid contacting the woman or her parents until you have a lawyer; things can get unnecessarily complicated otherwise.
Yes, listen to the other attorneys' advice. Do not contact the girl/grandparents (the complaining witnesses). It is good advice to compile all evidence showing he resided there. Start interviewing some local criminal defense attorneys, and talk to him/her about fact that complaining witness is willing to cooperate. Attorney could arrange an affidavit for them to sign, stating he did not break in. There are many qualified attorneys in San Antonio. One suggestion is Criminal Defense Attorney Deepali Meenu Walters.
BEST ANSWER I got....and I hope I was HELPFUL! My answers do not establish an attorney/client relationship. Contact Steve Hamer at (214) 843-1529 for a FREE CONSULTATION.
You can't burglarize your own residence and so the issue will be proving it was in fact his residence at the time. The best thing to do is retain an attorney and have them go speak with the DA's office prior to the case being indicted. If he can avoid being indicted in the first place, that is the best scenario. Once it is indicted, DA's are more reluctant to dismiss the case because they have already invested their resources into it. There are many of us here on AVVO.com that provide free consultations, I would start there.
This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.