What can my brother do after being charged with burglary? 9 Answers as of April 14, 2011

My brother has been charged with burglary under penal code 459. His truck didnt start so he left walking from my parent’s house towards my older brothers house who lives a couple of block away to watch movies and spent the night. He had a backpack that had underwear, shorts, socks, water, and a shaver to shave. My mother watched him walk and saw the police stopping him about 3 blocks away. The police said there has been a burglary somewhere around the area and the house which was burglarized confirmed it was my brother. My mom told the police, "no he couldn’t, he just left from my house and I was watching him walk towards my son’s house." "I saw you stopping him." The police took him to the station to ask questions and later came to my mom’s house saying he is being charged for burglary. Why are they charging him? He just left my portents house and began walking. What can we do? Is it "being at the wrong place at the wrong time”?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Your brother will need a good attorney. The charge will be burglary of a residence. The sentence is mandatory state prison except in unusual circumstances. Based on your post, I would guess that the cops took him to the detective station, interrogated him and may have gotten him to say something incriminating.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I'm sorry this happened to your brother! But this kind of thing happens all the time. The police will forward their report to the DA who will review the evidence and make a decision whether to charge the case by your brother's court date. It is possible that they will decide not to issue the case. However, if it is issued, then he needs to fight the case. He definitely should get the advice of an attorney. Sometimes an attorney can speak to the issuing DA and help to keep the charge being issued.
Answer Applies to: California
Replied: 3/30/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
What can he do? Hire an attorney, unless he knows how to effectively represent clients in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. Tell your story to your attorney, not the police. When charged with a felony like burglary, you potentially face one or more years in prison if convicted, on a misdemeanor, you face up to 6-12 months in jail on each count. If you have priors, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. Multiple counts and charges just make your situation worse, of course. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 3/29/2011
Tracy L Henderson, Attorney at Law
Tracy L Henderson, Attorney at Law | Tracy L. Henderson
There are many options that need to be explored in this case including a violation of his fourth amendment right to be free from unreasonable search and seizure. There are also ID issues. I would definitely consult counsel in your jurisdiction.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your son needs to hire an attorney. If you cannot afford an attorney. Then he should use the public defender.
Answer Applies to: California
Replied: 4/14/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    From what you wrote, I have no idea how they are charging him with burglary. Must prove that he entered a structure with the intent to commit a theft or felony inside. Something's missing from what you wrote, but your brother needs the help of a good criminal defense attorney to get to the bottom of this.
    Answer Applies to: California
    Replied: 3/28/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Your brother needs to immediately contact and hire an experienced criminal defense lawyer to help him. Whether he was in the wrong place at the wrong time or if he has other defenses to the burglary charge, at this point he just needs the help of a qualified criminal defense lawyer to fully evaluate the case, facts and any defenses he may have. Let the lawyer lead the charge on behalf of your brother. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 3/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It may be a case of being in the wrong place at the wrong time, and perhaps even saying the wrong things when questioned by the cops. What you can do for him is to hire a good defense attorney.
    Answer Applies to: California
    Replied: 3/28/2011
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