What to Do if You are Charged with Burglary

Burglary in California is defined as entering any structure, such as a home or other building, with the intention of committing a felony or theft once inside. The intent to commit a criminal offense must be present before the person enters the structure. Even if a person is unsuccessful with committing the crime once inside the structure, charges can still apply if the intent was present at the time of entry.

The penalties for burglary are harsh. They range from one year in county jail to six years in state prison. Burglary can also result in a strike on a person’s criminal record and incur very high fines. To avoid these harsh penalties, it is important to know what to do after you have been charged. Knowing the steps to take can protect your rights, and your future. Below, our San Diego burglary defense lawyer outlines what to do if you have been charged with burglary.

Steps to Take When Facing Burglary Charges

The steps you take after being charged with burglary can help or hurt your case. To ensure your rights are protected, it is critical to take the following steps:

• Cooperate with law enforcement: If police try to arrest you at the scene or otherwise, it is important to cooperate with them. Becoming combative or trying to resist arrest can incur additional charges, even if you are not found guilty for burglary.
• Remain silent: Anything you say before, during, or after an arrest can be held against you. Other than providing basic information, such as your name, you are not required to answer any questions from law enforcement. Exercise your right to remain silent to protect yourself.
• Document everything: The smallest details can help your case but your memory may fade over time. As soon as possible, write down anything you can remember about the arrest or events leading up to it. Note the time of the alleged offense, any witnesses who can verify your location at the time, and specific details of your interaction with police, such as if they searched your home without a warrant.

What Not to Do When Facing Burglary Charges

Just as there are certain steps you should take when charged with burglary, there are also things you should avoid doing. These are as follows:

• Do not consent to a search: In most cases, law enforcement requires a warrant before they conduct a search. The only exception to this is if you consent to the search. If police unlawfully search your property without your consent, any evidence found against you can be thrown out. Never consent to a search to protect your rights.
• Do not interfere: It is tempting to want to investigate to find evidence or witness statements that exonerate you, but it is important that you do not. This can be seen as tampering with witnesses or evidence, which can result in additional charges.

Contact Our Burglary Defense Lawyer in San Diego 

At Anthony Z. Vargas, Esq., our San Diego burglary defense lawyer can advise on the important steps to take after being charged and ensure your rights are protected. Call us now at 858-285-4595 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=459.