Legal Question in Criminal Law in California
I was arrested for felony burglary but didnt take anything. I was with my now ex "friend" who lied to me and told me he had spoken to property owner prior on the phone. I had not reason to not believe him. I considered him a good friend and never known him to commit crimes. turns out he had in fact taken stuff without permission. Since I was seen with him, he mentioned me during the interview with detective, and victim claimed to see items of hers in my car although never specified what she THOUGHT she may have seen. since then the items were returned the ex friend admitted and apologized, for what he did but I was still arrested. Until now I had a clean record. I want to plead not guilty. I want to fight this even if dropped to misdeamenor. please help
3 Answers from Attorneys
Yes, you should plead "not guilty" and fight the charges. Make sure your own lawyer is standing next to you when you do. I'd be glad to help. Call me right now or anytime.
If you genuinely believed you had permission to enter the building then you're not guilty. You probably appear guilty, though, so you need a good lawyer to represent you.
Contrary to popular belief, it is not necessary to steal anything in order to commit burglary. It is enough to enter a building (or various types of vehicles, cargo containers, etc.) without permission and with the intent to commit a petty theft or felony inside. The intended felony does not have to be theft. Even if it is theft, it doesn't have to actually occur. What matters is what the defendant intends when he enters, not what he actually does once he's inside.
If charged with a felony, you face potential prison time if convicted. If you are unwilling to enter into any plea bargain, I�ll be happy to help you and take the case to trial, using whatever defenses and sympathies you may have to present to the jury. The outcome will depend upon all the facts and evidence allowed at trial. If serious about doing so, feel free to contact me. If you can't afford private counsel, apply for the Public Defender.
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