Can they make the burglary charge stick?

Question

While I was with my girlfriend at a store she shoplifted. She is 16 and I am 18. Apparently she was seen by a plain clothed security officer putting shoes in a bag. As we started to exit the store, we were stopped and asked to come with them where they proceeded to check her bag and state they had seen her shoplift. The police came and I was taking immediately with the officer to the jail and she remained there and was questioned without the presence of her mother where they also searched her mother’s vehicle, which we were in where they found my wallet, which had money in it. They charged me with burglary as well for being present with her. How can I be charged with burglary when I did not shoplift it was her and she was the only one seen nor was there any camera footage.it was just the eyewitness’ account of the security officer. I am being implicated because I was there, I was considered the adult, and they say burglary because my wallet was in the vehicle, which I honestly forgot in the console. Can they make the burglary charge stick?

Dennis Roberts · Answer

No they can't but get a lawyer.

Michael Garber · Answer

Based on the facts you stated you're not guilty of burglary. Simple burglary is the unauthorized entry into a building or vehicle with the intent to commit a felony or theft. If you were authorized to enter your girlfriend's vehicle there is no burglary. Even if you entered the vehicle without authorization if you didn't intend to commit a felony or theft in the vehicle it's not burglary.

Cynthia Henley · Answer

You were not charged with burglary for being with her while she shoplifted. There is more to the allegation than that, for sure. You definitely need to hire a lawyer who will have access to all the allegations.

Gregory Casale · Answer

First thing to do is no not speak with the police! 2nd - Hire a good defense lawyer. Every case is unique in some way and all facts and evidence must be looked at in each case to advise clients and anyone who does it differently is not worth listening to. If you can't afford an attorney have the court appoint one for you but somehow, get representation. In life, if you just tell the truth and take responsibility for your wrongs, everything typically works out. NOT with the law. Be careful.

Jared Altman · Answer

You could be considered an accessory. But, if you really had no idea then you're innocent and might want to fight it to the bitter end.

Jacob P. Sartz · Answer

You are presumed innocent. You have a right to council. Simply because you were charged with an offense does not mean that you will be found guilty of anything. The prosecutor must prove their allegations beyond a reasonable doubt. You never have to accept any plea-deal and you have a right to a trial to contest the charges.   I'd recommend you retain a lawyer or request that the court appoint you a lawyer payable at the public's expense.

Gregory Graf · Answer

An attorney has to evaluate the prosecution's evidence versus what you say happened.  If the prosecution's evidence is exactly the same as your version of the facts, i.e. you were just standing there and no one saw or heard you participate and your co-defendant is not saying you were part of the shoplifting; you should win at trial.  Whether the case is dismissed prior to trial depends on what County you are charged in.  If the police version is the same as your version, Denver will most likely dismiss the case.  Arapahoe/Douglas County would take this all the way to the day of trial regardless of the evidence.  Every jurisdiction is different and each individual prosecutor is different.

Dorinda Ohnstad · Answer

They could make them stick if a jury believes that the two of you were in it together. That you went into the store with the intent to steal something. However, a jury could also believe that you didn't know what she was doing.? Did the witness see you watch her put them in the bag and do nothing or say nothing? If so, there is a reasonable argument that you were a willing participant. Did she have a wallet, purse, money or ATM or credit card on her with the ability to pay? If so, then there is the possibility of reducing to a misdemeanor petty theft charge.

Michael J. Breczinski · Answer

Burglary of what? Are they cvlaiming you stole the car from the mother? If the store was open then they can't charge you with burglary of the store. You need an attorney to get the police reports and help you fight the case. Just being with her does not make you guilty.

Stephen Freeborn · Answer

Based purely upon what you said, charging you with actual theft may be difficult; however, if you were there and you appear to have been aiding her (running interference to distract the store clerks) you could well be charged.  I certainly do not know enough about the facts, or what the police reports say, or whether an undercover store detective witnessed the theft, to tell you for sure.  You should really retain the services of an attorney in your area, who can more thoroughly review the facts of your case and the police reports.

Ross Scaccia · Answer

Burglary is the 'unauthorized entry into a building (or a vehicle - car, boat, etc.) with the intent to commit a 'theft' therein. this is a nice question for a law student . The theory would be that you entered the building (store) to commit a theft or a therein, La.R.S. 14:62, et seq., using the girl. But, that won't work. No, but you could be a principal to theft, being a principal to a crime is the same as committing the crime itself, you must have guilty knowledge, of course - like you knowingly aided, assisted  the girl. Your penalty for the crime of theft, depends on the value of what she (and you, as a principal to the crime ) stole, and your age - you are an adult, she is a juvenile; of course theft under $100.00 carries one penalty, theft between 100.00 and 500.00, another penalty, and theft over 500.00 another see R.S. 14: 67 et seq.

Mark R. Thiessen · Answer

It's not burglary. It's theft. Sounds like you got a way out, but the DA will not speak with you.  You need to hire the best attorney you can afford and fight this.

Theodore Speaker · Answer

I would say no. Plead not guilty and state the facts.

Jason Savela · Answer

To prove the charge against you, they have to show that you had knowledge of the theft and that you did something to help  the help thing can be really easy to prove if they can prove knowledge  so maybe.

John Toivonen · Answer

In Michigan burglary is defined in MCL 750.110. It states, "A person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, shipping container, or railroad car is guilty of a felony punishable by imprisonment for not more than 10 years."  This means that a person must break, and enter a building with the intent to commit a felony at the time of the breaking and entering. If the person breaks and enters, and then after getting inside of the building he decides to commit a felony it is not a burglary.  For the crime that you have described to constitute a burglary it would have to occur when the store was closed. What you have described is retail fraud or shoplifting. Based on these facts it does not appear to me that anyone committed burglary. Check the actual charge because you may have been charged with retail fraud.  If you have been charged with retail fraud, the prosecutor may have done this in an attempt to encourage you to testify against your girlfriend.  As to your wallet being in a car, there is no law against leaving your wallet in a car.  Neither of you should talk to the police. Invoke your right to silence, and legal counsel. Tell police that you have a right to not speak with them, and a right to an attorney. Never listen to police when they tell you that they are trying to help you. They are trying to help the prosecution build a case that can be used to convict you.  Hire an attorney as soon as possible. From what you have described, the police have nothing to connect you to a crime.

Roianne Houlton Conner · Answer

I do not understand a burglary charge.  If your girlfriend told the police that you knew she was stealing you could be charged as an accessory to the theft.  If she was advised that she could have a parent present and declined then they could question her.

Michael Palumbo · Answer

It sounds like you are in a whole heap of trouble facing a felony conviction that could cause substantial jail time and follow you the rest of your life. You need defense counsel ASAP.

Ronnie Vargas · Answer

It depends on what type of evidence the prosecution possesses and is that evidence sufficient to prove the elements of the crime charged. This is often referred to as the "weight of the evidence." If the State has sufficent evidence to prove the charges you may want to consider negociating a plea with the prosecution. If the prosecution does not have sufficient evidence then a jury trial may be the way to go. The weight of the evidence is something that should be assessed by an attorney when you are making this decision and if you do not have an attorney by now then you need to seek one out.

Patrick Runge · Answer

The burglary charge itself might be difficult, but I would be more concerned with either an aiding and abetting charge, or a contributing to the delinquency of a minor charge. If there's no question that she did, in fact, shoplift, then the State still has to prove beyond a reasonable doubt that you knew she was doing it. If you've got a relatively clean record, I would suspect it's a circumstance ripe for a negotiated settlement with the county attorney's office. But I would suggest having an attorney to facilitate that negotiation.

Peter James DeRose · Answer

Absolutely not burglary. There was no "breaking." You were a business invitee in the store so the elements constituting a?burglary are not present. I do not believe your wallet being in the car has anything to do with it. You leaving your wallet in the car is no crime. You may, however, face charges for another crime. I can see a prosecutor charging you with conspiracy but anything else would be a stretch, assuming the truthfulness of your facts. Be prepared to hire a good criminal lawyer who is experienced! Maybe Mom too, if she was waiting in the parking lot of the store.

David Ayer · Answer

You need to retain a criminal defense attorney immediately. First, the facts you describe do not support a charge of burglary at all. In Massachusetts, burglary is the breaking and entering of a dwelling house of another at night for the purpose of committing a felony inside. Perhaps some form of aiding and abetting or conspiracy would be reasonable based on whatever assistance they believe you gave your girlfriend in committing the crime, but not burglary. Your girlfriend should not have consented to a search of the car. You wallet and the money in it are irrelevant to any conceivable charge arising out of the facts you have presented. I think they are just trying to leverage you into testifying against her. Retain counsel and do not let them bully you.

John DeVito · Answer

Buglary in Massachusetts can be armed or unarmed; it involves breaking and entering into a home at night with the intent to commit a felony. Your fact pattern does not suggest a burglary; if suggests a shoplifting or larceny charge. The burglary charge may have come from evidence the police found in your car. Even if you had stolen merchandise in the car, you would usually be charged with receiving stolen property. In all likelihood the police cannot prove you committed a burglary, they can only that the property you possessed was stolen. There are a multitude of potential legal issues in this case. Not only can you challenge the burglary charge; but, the police may have needed a search warrant to search your car. The fact that you were with someone who was caught shoplifting is not enough to convict you of shoplifting. You had to participate in some manner. Hire a good criminal attorney.

Bruce Arthur Plesser · Answer

Burglary is an unlawful entering with the intent to commit a crime therein. Burglary sounds like a reach by the police. You can be charged as an accessory if you aided in the commission of the crime, which they have to prove. Mere presence with another who commits a crime without more is not a crime.

Edward Blum · Answer

You can be charged as an aider and a better.

Leonard Harden · Answer

The facts you describe do not make a burglary.  Burglary is unauthorized entry with intent to purposely commit a crime. You could be charged with being an accomplice to shoplifting or theft, even contributing to delinquency of minor.    You should meet with a criminal defense lawyer ASAP.

Brian Wanerman · Answer

The mere fact that your wallet was in the car means nothing. From what you describe, it doesn't sound like they have much of a case. They could be trying to intimidate you or there could be something more going on. You need to speak to an attorney right away. If you can't afford one, go to the public defender's office in your area.

Craig Orent · Answer

Any attorney will always want to hear and see more (for example the police reports), but based on what you've said here it sounds like you have a defensible case. Regardless, you need the assistance of counsel; be sure to consult a lawyer.

Jonathan Baner · Answer

I see two questions perhaps more than anything else: 1. How can I get X dismissed, and 2. How can I be charged with X when Y happened.  Both show a fundamental lack of understanding the legal process.  That is generally a good thing, as if you are so used to being charged with crimes your probably in a bad spot in life.  So... you may be being charged as an accomplice whereby the State is alleging that you acted in concert with the girlfriend (by the way it is completely irrelevant to anything that her mother was not present) such that she could accomplish the crime.  It isn't possible to know how good the State's actual evidence is until you look at it.  As they do not show it to you, and as it might not yet all be available (e.g. how do you have any idea what was recorded or not?  Because they said so?  And they always tell the truth?  They said your committed a crime - is that true? Don't answer).  Basically, your facing serious allegations.  Don't take it lightly, and do not, under any circumstances, think that they will decide "Oh, nevermind let's just drop this whole thing."  You're likely facing either a. a quick guilty plea (with negotiated terms) or a drawn out affair that will last a year.  I suggest contacting a local criminal defense attorney to really go over the specifics of your case.  Hopefully, there is no terrible long lasting consequences to you (and it doesn't sound like there would be anything major).

Patrick Donovan · Answer

Your fact pattern does not support a burglary charge in New Hampshire. That statute, RSA 635:1 requires proof that you entered an occupied structure for the purpose to commit a crime therein, unless the premises are at the time open to the public.  A store is open to the public and a burglary charge should be dismissed.  At best, the State may have a basis for charging you with being an accomplice to a shoplifting or willful concealment charge, or attempted theft by unauthorized taking.  At any rate, assuming the shoes are valued at less than $1,000, the State can only charge you with a misdemeanor offense.  The search of the vehicle is suspect, provided the police did not have consent to search it, and the consent was free of coercion.

Harley Gutin · Answer

You can always be arrested for something and then falsely charged.  Under the facts as you have stated it does not seem like the State has a good faith basis to bring a case against you.  However, the witnesses may have given a different interpretation of the facts.  You should retain counsel and not talk to anyone until you have talked to a lawyer.

Kathryn Hudson · Answer

You need to retain an attorney right away. Without more evidence than what you describe they have a weak case against you. It sounds like the merchandise was only found on her, they might claim that you were an accessory but a lawyer would compel them to make their case on the evidence. You are an adult and have a lot more to lose than your girlfriend that is a minor, you really need an attorney to get between you and the prosecutor.

Michael Maltby · Answer

This case is really weak. I am of the opinion that they could not convict you on this alone. It sounds like you have an overzealous prosecutor.   Good Luck.

James Edward Smith · Answer

The police are always instructed to charge burglary and larceny in these shoplifting cases.  The burglary is just an add on charge to give the Defendant the incentive to plead to a misdemeanor to avoid a felony.  Technically, under statutory burglary you can be charged with burglary if they can show circumstantial evidence that you entered the store with the intent to steal something.

Jeff Yeh · Answer

They sure can, and they will unless you have a good attorney.

Jeffrey Pollock · Answer

With a good lawyer, you should have a decent chance of beating any charge as a conspirator or accessory.

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Can they make the burglary charge stick?

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