Legal Question in Criminal Law in California
burglary charged as principal
Can a person be charged as a principal to burglary if there is no proof of entry, no latent finger prints. Although party in question was seen and forcefully detained by non-party passerby. What constitutes a legal search of the suspect? Does the burden of proof by prosecuters intail, ''knowingly by the principal''?
1 Answer from Attorneys
Re: burglary charged as principal
Your question is not clear. However, there does not need to finger prints or other evidence inside of the house for an individual to be charged with burglary. The statement of the passerby that you were seen entering or leaving the house could be enough to convict. If the person that stopped you was not a police officer, there is no restriction on the search. You need to be discussing this with an attorney, as burglary is a serious crime.
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