CAN YOU WIN A BURGLARY CASE?
Over the course of the past twenty five years of defending theft crime cases and specifically burglary cases, I realize that absolutely yes you can win a burglary case if the circumstances are right. The key is finding the right set of facts to attack the prosecutor’s case. This is where having a sharp criminal defense attorney by your side is crucial. A battle tested criminal attorney sits in the best position to give you the right answers to the questions related to winning a losing a burglary case in Los Angeles County. But make no mistake about it, in order to win in front of a jury, your criminal defense attorney will need a solid angle to avoid a conviction. This is something that I talk to my clients about right from the beginning so we have a road map of where we are going and what our strategy will be right from the beginning of the case.
In the case above the prosecutors filed a criminal burglary charge against my client and offered two years to settle the case. I filed a memorandum of points and authorities with the court before the preliminary hearing, anticipating I would be arguing to dismiss the case after the preliminary hearing. The only evidence they had against my client was his DNA inside of a latex glove that was left at the scene of the crime. After the preliminary hearing, the judge had no choice but to dismiss the case. I had done the research that stopped the prosecutors dead in their tracks. This was an example of having a solid angle and then being about to execute an effective cross examination to finalize the dismissal.
In criminal defense, I find that with a good attorney the defendant has a fighting chance to get the right result. Without a solid attorney, the defendant is lost in system that can be very unforgiving. One phone call will put you in a position to defend your case and have success! I will tell you the truth about your chances and we will chose the right course for you together so we are both working for the same result.
TYPICAL PUNISHMENT FOR A BURGLARY CHARGE IN LOS ANGELES
The prosecutors and judges in Los Angeles Courthouses will typically send a person to prison who is convicted of a residential burglary. The only time I see people convicted of burglary getting probation is if we can show that usual circumstances exist related to the subject crime. This is difficult to establish if someone actually went into another person’s home. If we can show the person did not get all the way into the home and only broke a window for example, this maybe sufficient to argue that this is an usual case for purposes of probation.
In addition to being able to show that the crime was not a full fledged burglary, we will also have to show that the defendant also has a clean record and the subject conduct was an aberration that will never happen again. The key to avoiding a lengthy prison sentence is to either be able to defend the case and be found not guilty by a jury or your defense attorney is going to have to convince the prosecutor and judge to give you a break. In general the prosecutors and judges in Los Angeles County are trying to put people away who they perceive are criminals who violated other peoples rights and are a danger to the rest of society.
When I meet with clients for the first time, I try and gather information that shows the judge and the prosecutor that they have a solid life outside of what happened with the criminal case. We obtain character letters from family, friends and colleagues who know you an can speak to your character and the type of person you are. If the judge and prosecutor can be convinced that this will not happen again then there is a good chance to avoid some of the harsh consequences that flow from a burglary conviction.