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Burglary Questions

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.

If convicted of misdemeanor burglary in 2005, does my criminal history prohibit me from owning a firearm?

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.

What could be the sentense for a burglary charge in an unoccupied dwelling along with possession.

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.

Is it legal for a probation officer to ask for a polygraph test from a person convicted of "attempt burglary" and sentensed to probation?

Location: Nevada.

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.

Can the right to bear arms be restored if convicted of simple burglary 37 years ago at the age of 18?

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.

Can my son use the public defender for arraignment and retain an attorney for the rest of the trial on burglary charges?

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.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
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Recent Burglary Questions

  • I am inquiring on behalf of my stepson, Chet xxxxxxxx, who

    I am inquiring on behalf of my stepson, Chet xxxxxxxx, who resides in a nursing home the result of a massive stroke he had while in prison. He asserts that he was falsely arrested and falsely imprisoned during his last incarceration. I submit a summary of his incident reports obtained from the Jones County Sheriff's Office in Gray, Georgia. The Incident Reports for Chet xxxxxxxx In Summary: 12/28/01 Simple battery and possession of marijuana 1/21/02 Burglary that led to intense probation. 10 yr sentence* 12/18/03 Manufacture of methamphetamine. 10 yr sentence intense probation* 9/27/05 Open container; failure to maintain lane 5/27/06 Failure to yield stop sign, DUI, possession of marijuana + 10/01/07 Probation violation: possession of marijuana 11/14/07 Marijuana drug test positive; probation lifted 03/11/08 Probation violation warrant: original charge- marijuana. Sentence: revoked in full state prison * (to be served concurrently back to back) + Origin of "cause to arrest" which led to final imprisonment It is my contention that he was arrested on 5/27/06 because of minor traffic stop but it was determined he had marijuana, a violation of his probation. His habitual violations and the seriousness of previous crimes resulted in his placement in prison on a probation violation. What is your opinion?

  • Hello, I found this website looking for answers for my brothers

    Hello, I found this website looking for answers for my brothers legal issue . He is 48 and has a spotless record. Was arrested on simple burglary of inhabited dwelling. The crime was in East Baton Rouge. Basically he went into a house that was broken into and did take a watch. He actually was checking the house of a friend and discovered it open. He admits to taking the watch. But is certain he did not break into the house. What kind of jail time is likely ? Thanks for any advice /help
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    Convicted of Corruption of minors criminal trespass and burglary for stealing $50.00 from a bowling alley in 1994. The juvenile was 15 and I was 19 at the time. I am now 41 years young and would like to have my gun rights restored. I have a son who is 12 an wants to hunt. I would also like to be able to coach his baseball team and a background check would be performed to be eligible. Is there any chance to have my gun rights restored and coach his baseball team.
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