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BURGLARY
So you have been charged with Burglary or Criminal Trespass (Breaking and entering into a habitation of another with the intention to commit a theft, assault or a felony, Burglary of building, or burglar of a motor vehicle, stealing after entering someone’s home). What happens next?
By now you should have posted a bail bond and you have received a date to appear in Court to answer the charges.
If bail bond has not been posted, call me to discuss how to get your loved one home or change the conditions of your bail bond.
THE PROCESS I know that you feel you want to proclaim your innocence to the entire world right now, but it is probably better to speak with a professional first because sometimes words can be misinterpreted. So don’t speak to anyone about your case right now and proclaim your innocence to me first. As an attorney, our communications are confidential and my legal obligation is to help.
As your attorney, I will, in most cases, begin with reviewing the evidence in your case and interviewing and speaking with the witnesses, the complainants, the officers, the District Attorney or prosecutor, the Judge, and ultimately, prepare your defense package and eloquently present your innocence to the Jury if your case needs to go that far. Your first court date will usually not be your trial date.
Usually there will be two or more court dates so that your attorney can discuss the case with the prosecutor and Judge before a decision to have a jury trial is set. This time also gives us time to prepare our defense and hire our experts, such as a Constitutional rights expert, police procedure expert, a doctor, an accident reconstructionist, or character/personality witnesses (a psychologist), or a damage to property expert or fingerprint expert.
When preparing a defense for a Burglary or Criminal Trespass, we start with interviewing our client and reading what the charging officer and his complaint state. We then compare this information with the law on Burglary, the science, and the facts. Sometimes a person may be charged with Burglary due to an accident, mistake, or because of exercising a constitutional right. These can be valid reasons to have your case dismissed.
Burglary Charges Q&A : Q: What am I looking at if I win?
A: Your Freedom
Q: What am I looking at if I am convicted of Burglary? A:If you are charged with Burglary, the following ranges of sentencing or punishment apply:
First time(Breaking and entering into a habitation of another with the intention to commit a theft)
Probation, or 2 years to 20 years in TDC (Texas Department of Corrections or TDCJ (Texas Department of Criminal Justice), or prison.
First time(Breaking and entering into a habitation of another with the intention to commit a felony other than a theft)
Probation, or 5 years to 99 years in TDC (Texas Department of Corrections or TDCJ (Texas Department of Criminal Justice), or prison.
First time(Breaking and entering into a building of another with the intention to commit a theft)
Probation, or 180 days to 2 years in a Texas State Jail Facility.
I can help you avoid a conviction and jail time by requesting a dismissal or a Deferred Adjudication in your case. Based upon my experience of over 17 years in dealing with these cases, if you are a first time offender, and do not feel you want to have a trial in your case, and yet want to quickly finish with your assault charge without a conviction on your record, my request for deferred adjudication or dismissal may be granted for a Burglary Case. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty. Once you pass the deferred adjudication successfully, you may then petition the Court to seal your record from the general public through a petition for non-disclosure as long as you have waited for the applicable time and no affirmative finding of family violence has been made in your case.
Criminal trespass or criminal mischief are usually misdemeanors and are handled quite easily by my law firm.
By now you should have posted a bail bond and you have received a date to appear in Court to answer the charges.
If bail bond has not been posted, call me to discuss how to get your loved one home or change the conditions of your bail bond.
THE PROCESS I know that you feel you want to proclaim your innocence to the entire world right now, but it is probably better to speak with a professional first because sometimes words can be misinterpreted. So don’t speak to anyone about your case right now and proclaim your innocence to me first. As an attorney, our communications are confidential and my legal obligation is to help.
As your attorney, I will, in most cases, begin with reviewing the evidence in your case and interviewing and speaking with the witnesses, the complainants, the officers, the District Attorney or prosecutor, the Judge, and ultimately, prepare your defense package and eloquently present your innocence to the Jury if your case needs to go that far. Your first court date will usually not be your trial date.
Usually there will be two or more court dates so that your attorney can discuss the case with the prosecutor and Judge before a decision to have a jury trial is set. This time also gives us time to prepare our defense and hire our experts, such as a Constitutional rights expert, police procedure expert, a doctor, an accident reconstructionist, or character/personality witnesses (a psychologist), or a damage to property expert or fingerprint expert.
When preparing a defense for a Burglary or Criminal Trespass, we start with interviewing our client and reading what the charging officer and his complaint state. We then compare this information with the law on Burglary, the science, and the facts. Sometimes a person may be charged with Burglary due to an accident, mistake, or because of exercising a constitutional right. These can be valid reasons to have your case dismissed.
Burglary Charges Q&A : Q: What am I looking at if I win?
A: Your Freedom
Q: What am I looking at if I am convicted of Burglary? A:If you are charged with Burglary, the following ranges of sentencing or punishment apply:
First time(Breaking and entering into a habitation of another with the intention to commit a theft)
Probation, or 2 years to 20 years in TDC (Texas Department of Corrections or TDCJ (Texas Department of Criminal Justice), or prison.
First time(Breaking and entering into a habitation of another with the intention to commit a felony other than a theft)
Probation, or 5 years to 99 years in TDC (Texas Department of Corrections or TDCJ (Texas Department of Criminal Justice), or prison.
First time(Breaking and entering into a building of another with the intention to commit a theft)
Probation, or 180 days to 2 years in a Texas State Jail Facility.
I can help you avoid a conviction and jail time by requesting a dismissal or a Deferred Adjudication in your case. Based upon my experience of over 17 years in dealing with these cases, if you are a first time offender, and do not feel you want to have a trial in your case, and yet want to quickly finish with your assault charge without a conviction on your record, my request for deferred adjudication or dismissal may be granted for a Burglary Case. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty. Once you pass the deferred adjudication successfully, you may then petition the Court to seal your record from the general public through a petition for non-disclosure as long as you have waited for the applicable time and no affirmative finding of family violence has been made in your case.
Criminal trespass or criminal mischief are usually misdemeanors and are handled quite easily by my law firm.