Legal Question in Criminal Law in Florida

I was charged with burglary with battery in Florida but the battery charge didn't get pressed against me by the victim can it be amended in trial? And what if I had a cable bill in my name at the residence


Asked on 8/18/12, 5:52 pm

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

The state has the right to amend charges up to the point of trial. If you had a cable bill it MIGHT be a defense but the prosecutor is more concerned if you actually lived or had rights to enter the property freely or were invited. Hopefully, if you are set for trial, then you have an attorney, and in that case you should be talking to them. If you don't have an attorney, go get one immediately.

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Answered on 8/18/12, 5:56 pm
Eric Trabin Lucid Legal, PLLC

If you have a right to be there then it isn't a burglary. Paying the cable bill, by itself, doesn't give a person a right to be in the dwelling, but it is certainly an argument. More facts would be needed to know whether it can be proven that you had a right to be in the residence.

The state can amend charges during the trial itself but that is pretty limited to changing dates or corrected what are called "scrivener's errors." While the burglary charge is serious, eliminating the battery part significantly reduces the seriousness.

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Answered on 8/18/12, 6:19 pm


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