What to Do if You Are Accused of Burglary
No matter what the charge is, being charged with any type of crime is scary. However, if the crime is a felony, it’s even worse. Just the word felony brings to mind long prison sentences or something even more foreboding. If you are accused of burglary, do you know what your next steps should be? Below, you find the information you need to understand this charge and what you must do to protect your rights.
What Is Burglary?
The most basic definition is “entering into a building with the intent to commit a felony or steal valuable property.” However, the elements of this crime can vary significantly from state to state. There are different degrees of burglary, as well. In Florida, the statues are very clear that burglary is “entering into a dwelling, a structure, or conveyance with the intent to commit a crime therein…” The layman’s term is often home invasion. In most cases, burglary involves some form of theft or assault, but it’s not a requirement. The penalty or punishment for this charge varies, as well, depending on all the circumstances surrounding the case.
What Your First Steps Should Be
If you are charged with burglary, it is important that you do not answer any questions before you speak with an attorney. Any statements you make may end being used against you when the case goes before a judge or jury. However, it’s important to remain calm and polite when you are dealing with the police officers, too. Many of the police departments tape all of their criminal interviews or interrogations. A calm and collected demeanor will help your defense more than anger.
When you begin your search for an attorney, it is important that you find one familiar with Florida statutes and laws regarding burglary. You want someone who is experienced within the court room, especially in the courts where you are charged. Now is not the time to hire an attorney right out of law school!
Your attorney will speak with and request all records and evidence from the prosecutor. He or she will ask you questions and try to determine if there are any legal issues resulting from your arrest or from the burglary investigation. All evidence collected in the case must be obtained in accordance with strict legal rulings and laws. If this was not the case, then your attorney will request that the evidence be thrown out and not used against you. Unfortunately, the police and investigators do make mistakes and sometimes innocent people pay the price.
Finally, make sure you make all of your appointments with your attorney and any hearings in the court. If you fail to appear, you may be out the bond money you paid when you first arrested and a new warrant could be issued. This is another occurrence that does not look favorably on you.
If you are arrested on burglary charges, do not make any statements to the police without your lawyer present. Call Philip Averbuck today at (863) 533-9000.