What to do if I’m currently being accused of burglary of a habitation?
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What to do if I’m currently being accused of burglary of a habitation?
A safe was stolen from someone’s home. If the prosecution fails to produce the evidence in court that was stolen (the safe), can my case be dismissed?
Asked on October 24, 2013 under Criminal Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The definition of burglary is the breaking and entering in the dwelling house of another at night with the intent to commit a felony. Statutes have expanded this definition to include buildings other than a house and day or night.
If the safe is not located, your case won't be dismissed if there is other evidence of you breaking (setting aside any barrier to entry) and entering with the intent to commit a felony.
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