Criminal lawyer advice

84porsche · 84porsche's Garage

A close friend of mine is being charged with residential burglary. She did not steal anything. She had rented a house and had rental partners and one day she came home and the garage was open. She knew the stuff was in the garage but has no reason to take the goods. The two ex-rental partners had accused her. She was interviewed one week prior and detectives threatened her that if she didn't tell them where the stuff was that she would be arrested. She is quite young and they think that she stole the goods in question to pay for school etc. She works 40+ hours a week in sales. Now she has spent the last two nights in county lockup and was released on bail early this morning. She is accused of a crime that I honestly believe she is not capable of. Any advice. I have sent her a list of local lawyers but what would you do in a case like this and what can she do?

Rot 911 · 08-04-2006, 10:48 AM

Tell her to get an attorney who will get a copy of the police report and then everyone will know what the actual facts of the case are.

lendaddy · 08-04-2006, 10:50 AM

They wouldn't lock her up with just that, must be more evidence against her. JMHO

Tobra · Tobra's Garage

A wise attorney once told me that free advice is generally worth what you paid for it

KevinP73 · 08-04-2006, 11:49 AM

whe you said "criminal lawyer" I thought you were talking about mine. You think gas is expensive, try buying an lawyer nowdays.

BlueSkyJaunte · 08-04-2006, 11:55 AM

Quote:

Originally posted by KevinP73
whe you said "criminal lawyer" I thought you were talking about mine. You think gas is expensive, try buying an lawyer nowdays.

The trick is to pick 'em up cheap at auction, after they've been repo'ed.

DavidI · 08-04-2006, 02:18 PM

Chris, from what you wrote, the elements of the crime (459 PC) are not met. The person has to enter a structure or locked vehicle with the intent to commit petit or grand larceny, or any other felony.

If your friend did not take anything, was one of the renters of the place, then how was she arrested? There are several portions of the story that are missing. You can go to the local police station that has jurisdiction over the area and ask to see a copy of the report. I have the feeling that your friend may not be telling you the entire story.

PM me if you have additional facts that you do not want to put on the BBS, David

nostatic · nostatic's Garage

is she hot?

randywebb · 08-04-2006, 02:59 PM

yes, sounds like some parts of the story are left out - does not mean she is witholdeing or lying -- she could be so shattered from being arrested that she is not thinking well

anyway, she should tell the police "I want a lawyer" -- write it down on a notepad along with "No more questions" she can show it to them if she can't speak or read from it if she is highly distressed

meanwhile get a lawyer! if she has no money the Ct. will appoint lawyer. It will be some one who gets paid by the Ct. (about $40 and hour). See the criminal lawyer joke above if you think she will get a good job done by a Ct. appointed attorney....

Don Plumley · Don Plumley's Garage

Quote:

Originally posted by 84porsche
... but what would you do in a case like this and what can she do?

If I knew someone in a similar situation, and assuming they could pay for an attorney, I would call an attorney I knew in the area and ask who would they choose to defend them in a criminal case. 1st, 2nd and 3rd choices. By the fourth call one name will likely be common on the lists. It's the same approach to getting a medical specialist.

Good Luck.

84porsche · 84porsche's Garage

Thanks guys, much appreciated. I sent her a few emails with the advice you have provided and I should hopefully be able to find the additional facts and the whole story the next time I see her or if I can get a copy of the police report. I believe she has an attorney as of today.