Burglary Charges Can be Dropped – Here’s How

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.