Legal Question in Criminal Law in California

They DID it...Whether or not it holds up in court, is another matter. Burglary is a serious charge, and I would advise you to contact an experienced attorney to represent you ASAP....After handling these matters for 27 years, we have dealt with these police "wanna be"...Most attorneys offer FREE consultations...so you have nothing to lose and everything to gain....David Wallin

CAN THEY??

They already DID, didn't they??

You now get to defend the criminal charges. Hire an attorney.

A little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except with and through an attorney.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you or suppressed, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

They can try. If the case goes to trial and you were charged with theft (which is not the same thing as burglary), the prosecutor will have to prove beyond a reasonable doubt that you were taking all of the merchandise. If you're right about what happened, it will be very hard for them to do so as to the merchandise in your friend's cart. But that has nothing to do with whether they can prove it about the contents of your own cart.

You might have been charged only with theft, only with burglary, with both, or even with other crimes. What the prosecutor will have to prove is going to depend on the charges against you.

Burglary is just the act of entering an occupied building with the intent to commit a felony inside. If that was your intent when you entered the store, then technically you would be guilty even if you had changed your mind and didn't take anything. Your friend's background and the fact that you tried to take items you hadn't paid for suggests you were working together, so it is added evidence you committed a burglary even if it is not evidence you actually stole items that weren't in your cart.

You need a lawyer right away.

Good luck.