Criminal Law Questions? Ask a Criminal Lawyer.
Burglary is the act of unlawful entry of a building with the intent of theft. Burglary is a crime and there are different penalties based on the severity of the crime. While some burglary charges can be misdemeanors, other degrees of burglary can be felonies which can result in several years in jail. Below are a few of the more commonly asked questions about burglary and burglary punishment.
Case Details: I live in Georgia.
Based on what you have said, you have only misdemeanor charges which shouldn't prohibit you from owning a gun. Georgia will prohibit a person from owning guns if they have been convicted of a felony. However, federal law will prohibit you from owning a gun if you have a misdemeanor conviction that included at least two years in jail or longer. If you want to check for your eligibility before you buy a gun, you can go to the Georgia Bureau of Investigation. Here is the link: http://gbi.georgia.gov/02/gbi/home/0,2615,67862954,00.html.
You can also check with your local police department for you eligibility.
Case Details: Possession of cocaine, cannabis l/20 gram and paraphernalia. Location -- Florida.
There are several factors to consider when trying to determine what will be given. This will depend on how serious the crime was, if you have a prior record, and how the prosecutor deals with this type of crime. Basic burglary is a third degree felony and carries a sentence of up to five years in jail. You could face up to one year for the marijuana charge, and one year for the paraphernalia, and the cocaine charge is another third degree felony that has a sentence of up to five years in jail. You may want to hire an attorney who can work on getting you the best possible outcome.
Once you agree to the terms of probation, the probation office is within their rights to add other conditions to your probation as tools to assess you further. The department of parole uses polygraphs regularly and considers it a useful monitoring tool. Generally, the polygraphs are used to determine whether a person is avoiding activities that may be against probation policies.
If you have issues with the new addition to the polygraph testing to your probation, you can return to court and ask the judge to remove it from your probation terms. However, a judge isn't likely to rule in your favor because the polygraph practice has been used for so long that it isn't usually an issue.
Details: I pleaded guilty and was sentenced to 6 yrs in the state penitentiary.
You need to speak with your social worker and see if there is anything on your file about the conviction being discharged. If so, get the documentation from the social worker. You will be able to file for an expungement if you have the proof of the discharge. You need to make sure your firearm rights were restored with the discharge. Once you have the conviction expunged, you should be able to own a gun and have your hunting privileges back.
There shouldn't be an issue if your son chooses to hire an attorney for the rest of the trial. He can use the public defender for the arraignment and if he isn't satisfied with the public defenders representation, he can find a new attorney. Your son will have a right to a copy of any evidence against him. If he chooses not to go to trial, he can try to work out a deal with the prosecutor or have his attorney negotiate the terms of the agreement. After the arraignment, your son will have several months to decide which route he wishes to take as long as he pleads not guilty. Once he pleads guilty, a trial date will be set. If he chooses to change his plea at a later date, he can.
Burglary is an illegal act that can result in jail and probation. If you have legal questions regarding burglary, don't hesitate to consult with an Expert.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.