Legal Question in Criminal Law in New York

3rd Degree Burglary

I was charged with 3rd degree

burglary. What happen was I went to

pick up my belongings after being let

go and the security guard after I

enter the elevator bank told me I

was not allowed to go into the office.

That my ex boss called and he did not

want me in the office. I asked him to

please let me in because I had

medication that I needed and I will

pick up my belonging the next day.

He did so but called the police. After

I came down the police searched me

to see if I had taken anything and

asked the security guard if I was

trespassing and if he wanted to press

charges. He clearly said no and I was

let go.

The next day a detective interviews

my about the incident I told him

what happened that yes I was told

not to go up but then was given an

ok, and thats why the security officer

did not press charges but the

detective placed me under arrest

because there was somethings

missing in the office and that the

security office told me not to go in.

Can I be charged with this crime

even if the security officer did not

press charges the night before. And

how can I get arrested when he gave

permission to enter, even after his

instructions.


Asked on 2/26/09, 4:32 pm

2 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: 3rd Degree Burglary

You have some very valid defenses... I would suggest hiring a good defense

Attorney. On a burglary in the third degree you are facing a felony

Charge and over one year of imprisonment.

Contact us for a free consultation at 2127098303

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Answered on 2/26/09, 4:46 pm
Robert Evans Robert S. Evans esq.

Re: 3rd Degree Burglary

This is a serious charge ,a felony,which carries possible jail time and a possible criminal record. You should not have spoken to the detective without consulting an attorney first. The statements that you made can and will be used against you.You need to retain a good criminal defense attorney ASAP.You may contact my office @ 7188340087 for a free phone consultation. If the security officer will testify truthfully ,which I doubt, since he is an employee and will be protective of his job,you may have a shot at trial.

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Answered on 2/26/09, 5:00 pm


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