Legal Question in Criminal Law in Massachusetts

Breaking and Entering Charge at GF home

I went to my GF's home as i always did to see her, entered through 2 open doors only to find her in bed with her roommate. I then took back the camera i gave her, picked up her glasses on her kitchen table and broke them, said some choice words and walked out. She has since vacated a Rest. Order, apologized to me and i her. She has no intention to appear at pretrial, nor does she want the charges, i know this is not her decission. Questions, Will the state have difficulty proving the ''intent'' aspect of the B&E, if her statement that evening does not address why she believed i came to her home? Furthermore is it relevant there was an established pattern of mutual entry concerning our residences thus i could not have known i was not welcome?. Will the state have to prove i specifically entered the property for the explicit reason of taking the camera and breaking glasses? Does having a friend who is a DA and knows my DA help my case? In a lovers quarrel like this where the ''victim'' realizes the next day both parties were wrong and forgives the behavior ever get treated as such and conclude at pre-trial with in dismissal? Lastly, if the victim refuses to put faith and credit in the charges, does it effect the states desire proceed


Asked on 12/05/06, 1:30 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Breaking and Entering Charge at GF home

The legal issue is whether you had consent to enter the apartment. This can be shown in a number of different ways.

The second issue is whether she is going to testify against you.

The third issue is whether there is a related issue of criminal activity on her part that can cause her to seek the refuge of her 5th amendment rights.

The forth issue is whether they can prosecute the case without her testimony.

These and possibly others need attention and answers.

Should you wish to discuss these, call me.

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Answered on 12/05/06, 8:46 am
Dmitry Lev The Lev Law Firm

Re: Breaking and Entering Charge at GF home

Consider Attorney Lebensbaum's advice. In addition, why would you want to risk ending up with a criminal record? It's probably a very bad idea for you to face the prosecutor alone at the pre-trial conference. Anything you say or admit might just give them more muscle. Simply put, get representation.

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Answered on 12/05/06, 11:23 am


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