Legal Question in Criminal Law in Arizona

my son was arrested for entering an abandoned warehouse that has been empty for at least 10 years. Homeless people live in the basement and there were no signs posted either. He and his friend did not have nor leave the property with anything but did have bolt cutters in theirs hands that they found on the property. I have read that you can not be charged with a burglery on a building that has been abandoned. Is this correct information or is my son facing prison? I have also read that if you are under the influence of a drug at the time of incident that impaired your judgement then they can not charge you either. My son was under court ordered methadone at the time that really impaired him judgement. Thank you


Asked on 12/06/12, 1:45 pm

1 Answer from Attorneys

Burglary requires the intent to commit a crime therein. The possession of bolt cutters can reasonably be construed as a burglary tool. The mere fact that someone is under the influence of a drug does not usually prevent successful prosecution of criminal activity. An experienced criminal defense attorney would be an asset under theses circumstances.

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Answered on 12/06/12, 4:45 pm


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