My friends and I are being charged with burglary of a habitat. We never broke into a house though, we just threw a rock and broke a window. We never even stepped foot onto the property. We talked to a lawyer and he said it's still burglary because something went though the house. Also, he said that people that have felonies can't take plea bargains.
Well, right after, we talked to a different lawyer. This lawyer said it's just destruction of property and at most attempted burglary. He also said that some felonies can almost always be reduced to a lower felony or misdemeaner through plea bargaining.
My question is, which lawyer is right? And why did they think otherwise?
2007-03-20 05:47:58 · 7 answers · asked by Hector R 1 in Politics & Government ➔ Law Enforcement & Police
By the way, I think the first lawyer thinks I'm an idiot. He tells me "since it's your first offense, you're eligible for probation, but it might cost you up to 10,000 dollars."
2007-03-20 06:32:57 · update #1
This happened in Texas
2007-03-20 07:24:33 · update #2
was the 1st person you talked to actually a lawyer? It doesn't sound like it to me. Plea bargaining is available whenever the prosecutor extends it. People who are accused of murder get pleas so don't think a burglary charge cant get one. Call the 2nd guy back.
2007-03-20 05:56:41 · answer #1 · answered by eawolfpack04 3 · 0⤊ 0⤋
Since you never mentioned a state I can't say for sure but look up Burglary of a Habitation on the net under your state's penal code. It will provide a definition.
Burglary of a Habitation in Texas is defined as the entry of a habitation by any part of the body with the intent to commit a felony or theft. Meaning, if you broke a window and stuck your hand in to take something, then its burglary. If you broke in and raped someone or killed someone or assaulted someone then Burglary of Hab is an additional charge.
Throwing a rock through the window is vandalism pure and simple. The first lawyer is either an idiot or flat out lying.
2007-03-20 14:14:13 · answer #2 · answered by dude0795 4 · 0⤊ 0⤋
Both lawyers may be right. Depending on your state's laws, you may have committed a burglary. Will 12 people agree with the prosecutor? Maybe/Maybe not.
My guess is the first lawyer doesn't really want to take your case, that's why the quote was so high and why he made your case seem so hopeless. He probably also hoped you would pay him $10k.
You should ALWAYS hire an attorney that you can communicate with (meaning you feel he listens to you, and you are able to speak with him freely and understand what he says).
The second attorney sounds like he will do a much better job for you.
2007-03-20 14:06:54 · answer #3 · answered by Rachel M 4 · 0⤊ 0⤋
I am not a lawyer, and this is surely not legal advice. I am simply speaking anecdotal.
In my unprofessional and unqualified opinion, I would think that the rock entering the domicile would be considered trespassing more than burglary, unless the rock was tied to a string or something and you were trying to latch on to an item inside the house.
Good luck.
Are these lawyers in two different jurisdictions? It is possible that the rules diffe between states or maybe even cities. I would think you can plea down.
2007-03-20 12:55:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If I were you I'd go with the 2nd guy... sounds like the 1st guy wants to make himself look like a hero & charge you more $$$... people with past felonies most certainly CAN take plea bargains... although laws do vary from state to state.
2007-03-20 13:22:53 · answer #5 · answered by B. Ritz 2 · 0⤊ 0⤋
Go with the lawyer who believes the lesser charge will apply.
P.S,,, Lawyers DO cost money. After the initial consoltation, be prepared. About $ 200.00/hr ,much more if it goes to trial.
And they want a big retainer up front.
2007-03-20 13:39:02 · answer #6 · answered by TedEx 7 · 0⤊ 0⤋
Personally, I hope you do some jail time.
2007-03-20 16:43:15 · answer #7 · answered by Anonymous · 0⤊ 0⤋