Legal Question in Criminal Law in California

Residential burglary

My son was recently arrested and is being charged with residential burglary. He was in possession of a bicycle which the owner says was in his garage. My son admits to taking a bike, but said he found it outside by the curb, and he did not go in any garage . The DA offered him 2 years plus 1 strike. My son turned it down, stating he's not admitting to something he did'nt do. So, now its supposed to go to trial, with the preliminary hearing on 1/28. There is no evidence of his going into the garage(ie. witnesses or fingerprints) etc. He's willing to admit to receiving stolen property, or theft, but not burglary. The bad thing is that he was convicted of burglary as a minor(very similar circumstances involving a garage) and did 3 years in CYA, which the DA is aware of. My questions: Is it likely to be found guilty under these circumstances? (no actual witnesses or fingerprints) and if it goes to trial can his juvenile history be brought up?


Asked on 1/16/08, 9:33 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Residential burglary

No respectable attorney can give you the answer without knowing full facts and the evidence against your son. Presumably, your son has an attorney to whom you should direct your question. That said, if the only evidence is the owner saying the bike was in the garage, that alone might be sufficient for a conviction in trial even though the prosecution would have to show your son had the intent to steal when he entered the premises.

The evidence of your son's prior conviction would come up only if he testifies at trial.

Jacek W. Lentz

310.273.1361

www.lentzlawfirm.com

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Answered on 1/16/08, 9:43 pm
Terry A. Nelson Nelson & Lawless

Re: Residential burglary

Take a deal; take the best deal he can get. If he wants to roll the dice and hope to convince a jury, it'll risk a max sentence if convicted, and if he testifies as to his 'version of the facts' it'll risk his priors being introduced. If he's serious about wanting to go to trial, have him call me to discuss the case and the fees involved.

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Answered on 1/17/08, 1:15 pm
Allen Farshi Law Offices of Allen Farshi

Re: Residential burglary

Yes there is always a possibility, however the file needs to be carefully studied by an experienced attorney. The strike offer seems to be excessive and his attorney should negotiate a better deal. The attorney should also attempt to keep the prior out.

Good luck

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Answered on 1/21/08, 1:35 am


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