Legal Question in Criminal Law in California
Deportation
My girlfriend is charged with 1st. and 2nd. degree burglary.She was under the influence[meth.],and also suffers from being Bi-Polar.She had on her person $28.000.at the time of her arrest[tells you a little about her mental state].In my opinion she should have been arrested for trespassing[she had no intention of stealing anything, and nothing was taken].The police who made the arrest know's the person and her mental capacity.What charges can be brought and what kind of defense can she use? Thank you for your time!
3 Answers from Attorneys
Re: Deportation
Yes, bipolar girlfriends can be quite problematic, especially so if they are under the influence and even more so if they are rich. All I can tell you is that she should hire a good lawyer in her locality.
Re: Deportation
Your title suggests that she is possibly an illegal alien, or at least not a US citizen. She faces severe repercussions including but not limited to deportation, and criminal sanctions. I would need to know more about the situation to determine where she stands legally. Depending on the circumstances, I may be able to help and charge reasonable fees in this matter.
Re: Deportation
You really haven't provided enough facts about what happened. Without knowing the facts, I can't say what charges would be appropriate or what defenses would be available.
I can tell you that bipolar disorder is not a defense. Being under the influence usually isn't either, though in some instances the influence of the drug can prevent the defendant from forming the requisite criminal intent. I doubt this is true in your girlfriend's case.
You should also know that theft is not part of the definition of burglary. Breaking and entering someone else's property with the intent to commit a felony -- which is usually, but not necessarily, theft -- inside is enough.
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