At the time of the arrest the officer was being a complete and total jerk and said he was going to make sure he entered the charges as theft with intent, making it a burglary charge (as it showed up online), instead of a retail theft charge. How can they prove that it was my intention to steal from the store if i made a purchase while i was in there? I thought that it was only a burglary if you went into the store without money, which would make your intentions to steal more obvious if you didn't have money upon entering the store. I have a public defender, as i cannot afford a paid attorney at this time, but she must be a busy lady since she hardly ever calls me back even when i leave her multiple messages so i'm trying to do some research on my own. thank you so much for your time.
Your understanding is completely wrong. There is no requirement that someone walk in without any money to be charged with burglary. You left with unpaid merchandise even if you also purchased items. From the few facts presented, you have been properly charged. Furthermore, if you do not adjust hour attitude - at least as it appears here online - you will be less likely to receive any sympathy from the court or the prosecution. You have most likely already caused the police office to remember you and be less inclined to recommend leniency if asked. Speak to your PD but be respectful and do not hound her with phone calls as she has a large caseload and will get back to you in due time.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
Police do not charge. Police investigate. Prosecutors charge. Judges judge. To commit a burglary, one must enter a structure WITHOUT AUTHORIZATIONS with the intent to commit a felony or a theft. If the store invites the public, you were not there without authorization. If you want to talk to your PD, then call her office and make an appointment. Your 'tude" has already escalated your situation. Grown ups make appointments with professionals. Grown ups simply submit to arrests and defend their cases later in court. Start thinking like a grownup, not a professional victim.
As my colleagues have correctly informed you, your interpretation of the law is completely wrong. Be polite and request a call back or client interview with the public defender. Do not debate your interpretation of the law which is flat out wrong.
You idea of what constitutes burglary is something you made up. It certainly is not the law.
It is kind of you to try to help you PD, but I forty years of practice I have never received pro se research from a client that was of any help, and I have received plenty. If your PD is returning any of your telephone calls at all you are way ahead of most PD clients. It is not for lack of will or lack of courtesy, but for sheer lack of time, that public defenders find it very, very difficult to keep up with client communications.
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