My son was charged with first degree burglary where his best friend passed away and he had property of his own in the house but went there to secure his and decadents property and was arrested and charged with burglary. The estate has not been established until 10 days later. And they named the person in lawful possession the estate of Albert Stein. The name of the decadent. Rather than the personal representative that was not yet appointed. Is it a crime to enter that property and remove items?
If your son was charged, the posecutor must believe that he has a case. Rather then worry about the grounds, as a Judge was convinced their was probable cause to arrest your son, you and your son would be well advised to retain a criminal defense attorney who can obtain discovery; knows evidence and criminal procedure; and can present the best defense, thus lessening the chances of an unfortunate outcome.
Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C.
Michael G. Sribnick, M.D., J.D., LLC
The answer to this question neither constitutes legal advice nor creates an attorney/client relationship.
Yes he can be charged and prosecuted. I handled a similar case when I was a prosecutor and he was convicted by a jury and received a Life sentence. Your son needs an attorney.
Any answer provided should not be considered as legal advice and does not establish an attorney-client relationship. Glenn P. Justis The Justis Law Firm, LLC Summerville, SC
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