In CA. A Parent was charged with burglary in the first degree, can the police question 15 yo daughter? And is it first degree if it was a library

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In CA. A Parent was charged with burglary in the first degree, can the police question 15 yo daughter? And is it first degree if it was a library

Can the minor daughter be questioned if a parent is suspected of burglary? As a minor, can her statements be used in court? The supposed burglary was at a public library, yet he was charged with first degree (which I read, in CA, was “places of dwelling” ) What are the differences between being charged first or second degree?

Asked on May 15, 2009 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1st, anyone can be questioned.  It is not as if the kid is a suspect.

2nd, why doesn't this parent have a lawyer?  Try the public defender's office and if you can hire private counsel, try www.attorneypages.com and then double check his or her record at www.calbar.ca.gov under attorney search.

3rd, you never mentioned if this actually occurred or not.

4th, here are some laws for your review:

459.  Every person who enters any house, room, apartment, tenement,
shop, warehouse, store, mill, barn, stable, outhouse or other
building, tent, vessel, as defined in Section 21 of the Harbors and
Navigation Code, floating home, as defined in subdivision (d) of
Section 18075.55 of the Health and Safety Code, railroad car, locked
or sealed cargo container, whether or not mounted on a vehicle,
trailer coach, as defined in Section 635 of the Vehicle Code, any
house car, as defined in Section 362 of the Vehicle Code, inhabited
camper, as defined in Section 243 of the Vehicle Code, vehicle as
defined by the Vehicle Code, when the doors are locked, aircraft as
defined by Section 21012 of the Public Utilities Code, or mine or any
underground portion thereof, with intent to commit grand or petit
larceny or any felony is guilty of burglary.  As used in this
chapter, "inhabited" means currently being used for dwelling
purposes, whether occupied or not.  A house, trailer, vessel designed
for habitation, or portion of a building is currently being used for
dwelling purposes if, at the time of the burglary, it was not
occupied solely because a natural or other disaster caused the
occupants to leave the premises.

460.  (a) Every burglary of an inhabited dwelling house, vessel, as
defined in the Harbors and Navigation Code, which is inhabited and
designed for habitation, floating home, as defined in subdivision (d)
of Section 18075.55 of the Health and Safety Code, or trailer coach,
as defined by the Vehicle Code, or the inhabited portion of any
other building, is burglary of the first degree.
   (b) All other kinds of burglary are of the second degree.
   (c) This section shall not be construed to supersede or affect
Section 464 of the Penal Code.


461.  Burglary is punishable as follows:
   1. Burglary in the first degree: by imprisonment in the state
prison for two, four, or six years.
   2. Burglary in the second degree: by imprisonment in the county
jail not exceeding one year or in the state prison.

 

Sounds like if it doesn't fit dwelling, then second degree.  Do you mean a public library or do you mean a library within someone's home or property? So either the charging document is wrong or there is another charge.


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