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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 July 30, 2025
Being injured by a drunk driver is one of the most devastating experiences a person can endure. What makes these accidents so tragic is that they are entirely preventable. When someone chooses to drive under the influence of alcohol or drugs, they put everyone else on the road at risk. The consequences for victims can include serious injuries, emotional trauma, and overwhelming financial burdens. If you or a loved one has been hurt in a crash caused by an impaired driver, you deserve justice—and you deserve full compensation for your losses. At Fitch & Stahle Law Firm, our experienced Sioux City drunk driving lawyers are committed to helping victims pursue fair settlements and hold negligent drivers accountable. In this guide, we’ll explain how DUI injury lawsuits work in Iowa and Nebraska, what compensation you may be entitled to, and why hiring a personal injury attorney is essential. What Makes Drunk Driving Accidents Different? Unlike other types of car accidents, drunk driving crashes often involve clear evidence of negligence. Driving with a blood alcohol concentration (BAC) over the legal limit is illegal in both Iowa and Nebraska. When an impaired driver causes a collision, their violation of the law can strengthen your civil case for damages. However, drunk driving accident claims are not always simple. Insurance companies may still try to limit their liability by disputing your injuries, suggesting you were partially at fault, or offering a settlement that doesn’t cover the full extent of your losses. That’s why it’s critical to work with a knowledgeable DUI injury lawyer who understands how to build a strong case and negotiate effectively on your behalf. Your Rights as a Victim of a Drunk Driver If you’ve been injured by a drunk driver in Iowa or Nebraska, you have the right to file a civil lawsuit seeking compensation. While the state may pursue a criminal DUI case against the driver, that case is focused on punishing the offender—not compensating the victim. A drunk driving lawsuit is your opportunity to recover the financial support you need to cover medical expenses, lost wages, pain and suffering, and more. Types of Compensation Available in DUI Injury Lawsuits Victims of drunk driving crashes can seek a variety of damages in a personal injury lawsuit: · Medical expenses: This includes emergency treatment, hospitalization, surgeries, physical therapy, medications, and any future medical care you may require. · Lost income: If your injuries prevent you from working, you may be entitled to recover lost wages, as well as compensation for reduced earning capacity in the future. · Pain and suffering: Drunk driving accidents often cause significant physical pain and emotional distress, for which you can seek compensation. · Property damage: You can recover the cost of repairing or replacing your vehicle and other damaged property. · Punitive damages: In cases of extreme negligence, such as drunk driving, courts may award punitive damages to punish the offender and deter similar conduct by others. Our team at Fitch & Stahle Law Firm carefully evaluates each client’s case to ensure all potential damages are included in the claim. Can Bars or Restaurants Be Held Liable? In some cases, the drunk driver isn’t the only party responsible for the accident. Under dram shop laws in Iowa and Nebraska, a business that serves alcohol to a visibly intoxicated person or a minor may be held liable if that individual causes an accident. This additional source of compensation can be vital in cases where the drunk driver lacks sufficient insurance coverage. Our attorneys investigate every angle of your case to identify all possible sources of recovery, including dram shop liability and uninsured/underinsured motorist coverage. The Role of a Personal Injury Attorney in Drunk Driving Lawsuits Hiring a skilled Sioux City personal injury attorney is one of the most important steps you can take after a drunk driving crash. Your lawyer will: · Investigate the accident thoroughly, gathering police reports, BAC test results, medical records, witness statements, and other evidence to prove liability. · Work with medical professionals to document the full extent of your injuries and estimate future treatment costs. · Calculate all damages to ensure no loss is overlooked. · Negotiate aggressively with insurance companies to pursue a fair settlement. · Prepare your case for trial if necessary to achieve the best possible outcome. At Fitch & Stahle, we have extensive experience handling DUI injury cases, and we are committed to protecting your rights at every stage of the legal process. Why Act Quickly After a Drunk Driving Accident? Time is critical after a DUI-related crash. Both Iowa and Nebraska have statutes of limitations that restrict how long you have to file a personal injury lawsuit. If you miss these deadlines, you could lose your right to compensation. Additionally, evidence can disappear quickly. Surveillance footage may be erased, witnesses’ memories may fade, and physical evidence at the scene may be lost. The sooner you contact a lawyer, the better your chances of building a strong case. Schedule a Free Consultation with Fitch & Stahle Law Firm If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t try to navigate the legal process alone. Let the experienced team at Fitch & Stahle Law Firm help you pursue justice and recover the compensation you deserve. Our Sioux City drunk driving lawyers are here to guide you through every step—from filing your claim to negotiating with insurers to representing you in court if needed. Call us today for a free consultation. We proudly serve clients in Sioux City, throughout Iowa, and across Nebraska.
By Robert Stahle July 28, 2025
Including Dram Shop Liability