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Getting Burglary Charges Dropped

Robert Stahle • September 4, 2020

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 June 18, 2025
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