QUESTION

Can we prove he wasn't burglarizing anything and in fact was only removing his property in our process of moving?

Asked on Jul 17th, 2016 on Criminal Law - Oklahoma
More details to this question:
My fiancé was arrested for resisting arrest. He was moving an old couch out of our old home. A neighbor who didn't know he still lived there and was in the process of moving out called the cops because he thought only I lived there. The officer said he resisted arrest and tried to claim he was burglarizing the house and it was my property but in fact it is his and we both lived there. He fell when the officer went to arrest him and put out his arm to protect himself and the cop called it resisting. When I spoke to him on the phone in jail he said their pushing for burglary too but with a receipt for the couch he purchased and bills in his name with the address on them were he was "burglarizing" (water bill in his name, electric, and rent receipt has his name). His booking report still only says obstruction and he’s been to an arraignment with another court date set for the 28th. His booking says nothing about burglary. Should I even be concerned of a burglary charge or will it probably stay as only obstruction?
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1 ANSWER

Do you mean Sept. 28, as Aug. 28 falls on the weekend? It seems unlikely they would try to add a burg charge now, but stranger things have happened. If he has counsel, he should out his questions to existing counsel. If he does not have counsel, it is time to secure counsel to help him.
Answered on Aug 17th, 2016 at 11:52 AM

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