BLOG

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 September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.