How do you defend yourself against a burglary charge?

How do you defend yourself against a burglary charge?

 

Contents

 

How do you defend yourself against a burglary charge?

What is the difference between 1st, 2nd and 3rd degree burglary?

What is the difference between a theft and a burglary?

What types of evidence are commonly associated with a burglary?

What happens when evidence is obtained illegally?

How long does the CPS take to make a decision?

How many times can you be bailed again?

When can the police refuse bail?

What happens if you are released on bail?

How long do the police have to investigate a crime?

What if I am going to respond to the deposit?

How do you defend yourself against a burglary charge?

 

The prosecution bears the burden of proving a defendant's guilt beyond a reasonable doubt, so that in order for a defendant to disprove a charge of burglary, a defendant must create plausible doubt in the minds of the jury as to whether the prosecution's evidence really shows that he committed the crime.

 

What is the difference between 1st, 2nd and 3rd degree burglary?

 

The main difference between the third and the rest of the degrees is that there are no aggravating factors. In other words, the third degree is simple burglary, but the second and first degrees involve the use of firearms or deadly weapons.

 

What is the difference between a theft and a burglary?

 

A burglary occurs when someone intentionally breaks into [a place] without the consent of the person in lawful possession and with the intent to steal or commit a crime. Robbery is when someone "takes property from the person or presence of the owner by...using force...or threatening imminent use of coercion."

 

What types of evidence are commonly associated with a burglary?

 

For example, pry marks (physical evidence) left on a window can help determine the presence of a break-in. Second, physical evidence can associate or link victims to crime scenes, perpetrators to crime scenes, victims to victims, instruments to crime scenes, perpetrators to instruments, etc.

 

What happens when evidence is obtained illegally?

 

Evidence discovered during an unlawful search and seizure is generally inadmissible in court under the “exclusionary rule”. In other words, even if the murder weapon is found and it can be established beyond a reasonable doubt that a suspect killed someone, if it was obtained by unlawful search and seizure, then it is…

 

How long does the CPS take to make a decision?

 

The CPS will complete the review to the extent possible and notify the victim of the decision within a total of 30 working days. In cases where it is not possible to issue a VRR decision within the usual timeframe, for example in more complex cases, the CPS will notify the victim.

 

How many times can you be bailed again?

 

There is no limit to the number of times a person can be freed on bail. Police have a duty to investigate "diligently and effectively" - the two duties are at odds with each other, meaning the new bail limit has caused real problems for police.

 

When can the police refuse bail?

 

The grounds for refusing bail are set out in Schedule 1 of the Bail Act 1976. A person may be refused bail if there are reasonable grounds to believe that one of the exceptions in Schedule 1 of the Bail Act 1976 applies.

 

What happens if you are released on bail?

 

You can be released on bail at the police station after being charged. This means you can go home to your hearing. If you are released on bail, you may have to agree to conditions such as: Report to a police station at agreed times, for example once a week.

 

How long do the police have to investigate a crime?

 

In practical terms, this means that the police must make a complaint (or provide information to a clerk) within six months of the date of the offense (Section 127(1) Magistrates' Courts Act 1980). There is no legal time limit for all other crimes.

 

What if I am going to respond to the deposit?

 

Be released on bail, with or without conditions. The police will tell you which police station to return to and when. If you don't, you risk being arrested and taken to court, who may then decide to place you in pre-trial detention even if the threshold for doing so has not been reached before.