What to do if I’m currently being accused of burglary of a habitation?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption