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Getting Burglary Charges Dropped

Robert Stahle • September 4, 2020
A man is writing on a piece of paper with a pen.

If you are facing burglary charges, you need a strong legal defense to get them dropped. Fortunately, there are many avenues at your disposal if you are trying to counter a burglary accusation. Some defendants who are facing charges will not even proceed to the trial or plea bargain stage, as their burglary charges can be dropped for a variety of reasons. These reasons are as varied and diverse as violation of constitutional rights, insufficient evidence, and new testimony arising.

People who are facing burglary charges, have it in their best interests to take advantage of the services of a criminal defense law firm such as Fitch & Stahle Law Office. Our team of experienced attorneys will look carefully at your case to determine if there are any ways in which the burglary charges can be dropped. Here are some of the most common ways in which burglary charges get dropped.

Actual Innocence

The most simple burglary defense and way for your burglary charges to get dropped is a claim of actual innocence. In other words, the defense team will convince the court that the defendant did not actually commit the crime in question, convincing the prosecution to drop the charges.

In order to move forward with a criminal case, the prosecution has the responsibility of proving the defendant’s guilt beyond a reasonable doubt. Thus, the defendant and their defense team must create plausible doubt in the minds of the jury as to whether the prosecution's case demonstrates that the crime was committed.

Insufficient Evidence

One of the main responsibilities of the prosecutor in a burglary case is to present evidence that demonstrates the crime was committed. The evidence must show a factual, objective basis for believing that the burglary defendant actually committed the crime. If the judge does not find this evidence to be convincing, the charges can be dropped.

New Testimony Arises

Sometimes new testimony or new evidence will surface that contradicts the original arrest information. A Sioux City criminal defense lawyer can help you discover evidence that contradicts the original information, and sometimes this newly uncovered evidence can help get the charges dropped.

Violation of Constitutional Rights

The United States Constitution states that a law enforcement officer can stop a vehicle or a person on the street under only certain circumstances, such as if they suspect a crime is being committed. In the case of a burglary, police can only enter a house if without a warrant if they suspect a crime is occurring or if there is an emergency.

Another common violation of constitutional rights that law enforcement commits is entrapment. If a criminal defense lawyer can prove that law enforcement entrapped the defendant into committing burglary, the charges can be dropped.

Sioux City Defense Attorney

If you are facing burglary charges, it is important to hire a criminal defense attorney who can help you get them dropped. At Fitch & Stahle, our team of experienced criminal lawyers can help you obtain the best possible outcome for your case. We will keep your interests protected and examine the case from all angles to determine if the charges can be dropped.

Contact our team at (402) 494-3012 today.

By Robert Stahle October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.