Legal Question in Criminal Law in Iowa

My husband went out with friends and got extremely drunk-to the point where he blacked out and does not remember any of his actions. At the time, he thought His friends locked him out of their house and he was trying to get in. He broke into someone else's home, saw an old guy in the house so walked out and continued on to the next house trying to get in. The guy at the next house had a gun pointed at him so my husband apologized, offered to pay for the door, told him his name and walked out. The police found him walking down the street at 6:00am. He had no weapons and he had no intent to steal anything. He believes he was trying to get into what he thought was his friend's home. The home owners called the police and he was charged with 2 counts 2nd degree burgulary, 3 counts 3rd degree burgulary. He was released on a $3,000 bail. His past records include a public intox and DUI from 3 years ago and an open container in the past year. He just turned 24 years old. He blew a .14 at 6:00am in the morning. I had several phone calls from him throughout the night asking me to pick him up because he was freezing. He continued to say the doors of his friends house was locked and he kept trying to get in and couldn't. My husband stated that the police had to debate what to charge him with and were actually very friendly to him the next day. My husband is very scared as he doesn't remember anything other than seeing the guy with the gun.

Will he have to serve jail time? If so how long and what other consequenses does he face?


Asked on 4/13/11, 6:20 am

1 Answer from Attorneys

Todd Miler Miler Law Firm

He needs to get a lawyer to analyze the case after a full consultation and investigation. The lawyer can then answer those questions.

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Answered on 4/13/11, 7:23 am


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