Do I get charged with first degree burglary
The police said this is first degree burglary and that it is up tot the county if they would like to follow up on the case.
6 attorney answers
This is what we refer to as bar exam charging. It technically meets the elements so they charge it out. I could definitely envision a few County attorneys who would charge this out. If you get charged you should hire a lawyer who will take it straight to trial. I would find it very difficult to believe a jury could unanimously convict you of it. This is the type of absurd thing that needs to be stopped.
That’s awfully harsh but the elements may be here if there are more facts. You should consult with an experienced criminal defense attorney in your area for help with this question. Good luck!
Yes- if you enter a dwelling without permission with the intent to commit a crime or if you commit a crime after entering, it would be a felony burglary. You can be charged even if the victim does not want that to occur.
Sounds like the basic elements of burglary are met. Again, it will be up to the county prosecutor to decide whether to file charges. Doesn't matter what the friend says. This is extremely serious stuff. You should get ahead of it by getting legal counsel now. Try to prevent charges from ever being filed.
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Your lawyer might want to get a statement from your dormitory friend asap. Many folks get a lawyer prior to any possible charging and it might make a great deal of sense here.
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Once the police are called it is then up to law enforcement and/or the prosecutor's office whether charges issue or not. Victim input can be/should be considered but 'pressing charges' is not necessary. (It sounds good on TV but it is not how the system functions in MN.)