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My home was broken into and robbed when no one was home. Why am I being subponaed?

Brandon, FL |

My home was broken into and robbed when no one was home. The cops later turned up some of my property at a pawn shop. Now I am being subpoenaed to court against the man who pawned my belongings. Why?

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Attorney answers 5

Best Answer

In order to prove the offense of burglary the State must prove beyond a reasonable doubt that the person accused has no legal reason to be in your home or in possession of your property. They can not prove this without testimony of the homeowner that the suspect was there without permission. You are most likely being subpoened to testify briefly that you do not know this person and you did not give them permission to be in your home.
Good luck,


Because you, as the owner of the home and the victim, are a necessary part of the State's Case.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. To set up a free consultation, please call my office at 727-755-3476.


You would most likely be called to testify as to the lack of consent for the Defendant(s) to enter your home.

The attorney's responses to questions are for general purposes only and do not establish an attorney-client relationship. For a free consultation, contact Aktas Law, P.A. at 954-332-2412 or at

Seda Aktas

Seda Aktas

Posted well as a lack of consent for them to be the rightful owners of the property which was pawned.


To identify your belongings and to let the jury know that you did not give the Defendant permission to take them.


You're an essential state witness. The state must prove its case and can't do much without a victim. If you want your stuff back or an order for the bad guy to pay restitution, you ought to be willing to cooperate with the state. Don't understand your reluctance to put the bad guy behind bars.

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