Legal Question in Criminal Law in California

Burglery?

My friend and I (both male) went over to an acqaintence's house after a dancing and went hot tubbing/watched movies. There were three girls present. In the morning I received a phone call from my acqaintence (one of the girls) saying that a purse had been stolen along several pieces of lingerie and various dildos (go figure). She said they were pressing charges against us for burglery and sexual offence, and had Sheriffs call us. Do we need to seek legal representation? We have stolen nothing and there is no evidence against us and no fingerprints.


Asked on 1/05/02, 5:35 pm

4 Answers from Attorneys

David Beauvais David J. Beauvais

Re: Burglery?

Do not talk to the police. Instead contact an attorney who can talk to the police on your behalf. The attorney can interview the cops and find out what evidence may exist against you. I rarely see situations where a suspect can talk himself out of a criminal charge by persuading police that he is not guilty. The fact that you refuse to talk may engender in the mind of a cop that you are guilty but in a court of law your refusal to speak cannot be used against you. This looks like a case where you had the opportunity to commit a theft but much more than that is required to convict. You are not very specific about what you call a sexual offense but if the girls are claiming that you committed one, it only fortifies my conclusion that talking to the cops is a very bad idea.

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Answered on 1/06/02, 7:13 pm
Larry Rothman Larry Rothman & Associates

Re: Burglery?

You may need legal representation in the future, but not at this time. If you choose to speak with the police, make sure that what you say cannot be inferred to lead to any criminal admission. I will provide you free consultation if you contact my office at 714 363 0220.

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Answered on 1/05/02, 5:45 pm
Victor Hobbs Victor E. Hobbs

Re: Burglery?

Remember that the police are not your friends. If you talk to them be very careful. Many times, when you talk to the police, the matter goes away. However, you can't count on this. Until charges are filed you don't need an attorney. Since there were so many people around, anyone of the girls, you and/or your friend could have taken the stuff. I doubt on the allegations of the girls. There will be charges filed.

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Answered on 1/05/02, 6:39 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

larceny

Burglary is defined as the intentional breaking into a dwelling of another with the specific intent to commit a crime therein. There is no evidence that you broke into their house, so burglary is not an option, except in rare circumstances where concent is negated through fraud. I would be far more concerned with possible sexual assault charges, or statutory rape if one of the girls is under 18. Lastly, how do you know if there are no finger prints? I am sure you have not seen the police reports.

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Answered on 1/05/02, 10:17 pm


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