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Burglary Charges Can be Dropped – Here’s How

Robert Stahle • July 13, 2020
A wooden judge 's gavel sits next to a book

A defendant who is facing burglary charges needs a strong defense to get out of the charges. Alternatively, burglary charges, as well as other criminal charges, can be dropped for a variety of different reasons. Not every defendant who is facing charges will proceed to a trial or plea bargain. A large number of burglary cases end up being dismissed for reasons as varied as new evidence or testimony that arises, violation of constitutional rights, and insufficient evidence.

If you have been saddled with burglary charges, it is important to contact a trusted Siouxland criminal defense attorney. Here at Fitch & Stahle Law Office , our attorneys are committed to investing the time in resources required to represent your legal needs. Here are some reasons that burglary charges can be dropped.

Insufficient Evidence

If a burglary suspect is arrested and charges are brought against them, the prosecutor must be able to present sufficient evidence to the court. The evidence must show an objective, factual basis for believing that the burglary defendant actually committed the crime. If the grand jury or the judge does not find the evidence to sufficient, the charges can be dropped.

New Evidence or Testimony

Sometimes new evidence will arise that contradicts the original arrest information. This is where hiring an experienced criminal defense lawyer comes in handy. They can help you discover evidence or circumstances that will contradict the original information, and in the best case, this evidence will help get the charges dropped entirely.

Also, new witnesses can appear, and these witnesses can provide testimony that proves the defendant was not involved with the crime. Again, a defense lawyer is heavily involved in the procedures involved with finding witnesses that can help your case.

Violation of Constitutional Rights

According to the United States Constitution, a law enforcement officer can stop a vehicle or a person on the street under only certain circumstances, such as if they suspect that a crime is being committed. Police can only perform searches of a person, a car, or a house if they have a search warrant, or without a warrant under certain circumstances. In the case of a suspected burglary, police can only enter a house without a warrant if they suspect an emergency is occurring.

If the police conduct a search without a warranty and no special circumstances permitted the search, there is a chance that the charges can be dropped. Another common burglary defense has to do with entrapment. If a criminal defense attorney can prove that someone entrapped the defendant by convincing them to commit the crime, the charges can be dropped.

Siouxland Criminal Defense Lawyer

Licensed in both Iowa and Nebraska, Fitch & Stahle Law Office helps clients in cases such as burglary, drug possession or sale, and personal injury. We believe that you are innocent until proven guilty and that the burden of proof is on those who are accusing you of the crime. We will work with you side by side to help get the burglary charges dropped.

Consult our attorneys at (402) 494-3012.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.