Legal Question in Criminal Law in California
Juvenile accused of residential burglary
Can a juvenile be charged of residential burglary without having been seen leaving or entering residence that was burglarized, nor was any stolen property found in his possession? Blood was found on premises but was not matched to juvenile accused of crime, police suspected juvenile when friend of homeowner named specifically the juvenile with no proof other than personal suspicion.
1 Answer from Attorneys
Re: Juvenile accused of residential burglary
This type of question is very common for criminal defense attorneys. How can they charge somebody when the evidence is only (fill in the blank)? The answer is almost always that the evidnce, as given, is clearly insufficient to support a conviction, let alone an arrest. Likewise, based on the facts given in this question, I see no evidence connecting the juvenile to the burglary.
However, I doubt that the police would have made an arrest unless they had some evidence (credible or not) that the juvenile did the crime. I suspect that a closer inspection of what the police have will show some connection (again, perhaps a "bad" connection) between the kid and the burglary.
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