Legal Question in Criminal Law in California

Juniville breaking and entering

My daughter went into a friends house when they were not home, through an open door and took back some clohes she had lent her friend that the friend would not return. The owner of the house is now threatening to charge her with breaking and entering. What might happen with this type of case? My daughter is 15 and did not take anything else that did not belong to her, however the homeowner is saying there is more missing, but will not give me a listing of what she thinks is gone. Should I wait to see what the homeowner says is mssing and then contact a attorney if needed? What happens if the homeowner is dishonest and reports things stolen that are not or she thinks something has been stolen simply becasue she can not locate it.


Asked on 11/15/06, 2:52 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Juniville breaking and entering

The elements of breaking and entering do not include theft. Entering someone else's home without permission and leaving empty-handed is still illegal. The fact that some of your daughter's belongings were in the house does not give her the right to do what she did.

If the other family accuses your daughter of stealing from them, she could also be charged with theft (which could be charged as a felony if the value of the allegedly stolen items is $400 or more) and with burglary depending upon the circumstances.

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Answered on 11/15/06, 3:18 pm
Joshua Hale Hale Law Group

Re: Juniville breaking and entering

You should not wait to seek an attorney. The problem here is that your daughter may or may not have committed illegal acts. She will need a competent attorney regardless to make sure that her rights are protected.

If you need to talk further please contact my office at your earliest convenience. 619.298.1969

Joshua Hale, Esq.

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Answered on 11/15/06, 4:34 pm


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