Legal Question in Criminal Law in Florida

burglary

I am 23 and was charge with

burglary dwelling was not occupied.

The burglary was at a house. this is my first time offence for burglary.


Asked on 8/24/08, 7:31 pm

1 Answer from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: burglary

Hello: I just read your statement. You don't ask a question. I assume you want to know what can happen to you. First, as you already know, burg. to a dwelling carries a $25,000.00 or more, bond. The State takes these cases seriously. After an arrest for a felony, a detective or other officer comes to the State Attorney's Office and gives an assistant the facts and signs an affidavit.

Next, the State must make a filing decision. If the case is a strong one for the State, it may be filed as charged or more charges added. If the case is bad (unprovable) for the State, the case may get dropped. Sometimes if the defendant has no prior record and there are facts which reduce the seriousness of the alleged crime (such as the house is a friend or family member's or the victim knows the defendant and does not want the case prosecuted) the State may offer the defandant the opportunity to enter a deferred prosecution agreement (you do some comm. service hours, etc.).

If the case is filed as a burglary, it really helps if you have no prior record. You get an attorney. The attorney investigates the case, takes depositions (statements)of the State's witnesses, files any motions to keep out evidence improperly obtained(such as an admission), tries to get a good deal to plead to or goes to a jury trial to try and beat the charge.

'Hope this helps. If my office can be of any assistance to you in No. Fla. please give us a call. Tom Rosenblum

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Answered on 8/25/08, 12:09 pm


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