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my ex husband was arrested for a 2nd deg felony of burglary.

he entered my home while...
my ex husband was arrested for a 2nd deg felony of burglary. he entered my home while i was at work, stole 12k of my things and told the detective i invited him and gave him my things. there is no contact between us for at least 7 months. I did not invite he, i did not give him my things. does he have to show consent was given and if not how do i prove(other than witnesses and no contact that i did not invite him or give him my things. the state has filed charges against him
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Answered in 3 minutes by:
5/1/2013
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,297
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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JD 1992 :

Are you asking if he has the burden to prove you consented in the criminal case?

Customer:

no i am asking what i need to do to prove i did not invite him as he said and did not give him my things that he staole

JD 1992 :

In what context? Why do you think you have to prove that?

Customer:

i really dont understand what i have to do to prove he burglarised my home and stole from me when he said i lured him here yet i have given my phone records emails etc to show absolutely no contact he did not even know my phone number

Customer:

yet he says i lured him here and i gave him my sons xmas present by mistake and yet despite being asked for it back by the detective and attiorney he has not

JD 1992 :

The burden of proof is on the District Attorney. They will use y our testimony and your phone records to prove it.

Customer:

he has been charged with burglary 2nd deg

Customer:

it is my word against his so i am told

JD 1992 :

Once you testify to that then the burden on him is to prove that you consented which will be almost impossible to prove.

Customer:

what defense does he have

JD 1992 :

For him.

Customer:

so i have a chance of winning my case

JD 1992 :

The name of the defense is "consent", but it's very hard for someone to prove that without a witness to support him.

Customer:

he is obseesed with me and has threatened to kill me i have a restraining order but he has violated it

Customer:

i am a nurse and have never had to deal with this before

JD 1992 :

All of that makes it even less likely they are going to believe him.

Customer:

are u an attorney

JD 1992 :

After you testify that he stole the stuff the burden to prove that you gave it to him switches to him.

JD 1992 :

I graduated law school in 1992 and have had over a hundred jury trials and thousands of cases. I have had criminal cases in multiple states and have consulted on them across the US and even overseas.

Customer:

one last question if you were defending him what would you say to try and get him off, we all know he is gukity it is just a matter of proving it he is very crafty and convincing

Customer:

how about you come and represent me ??

JD 1992 :

It sounds like the only defenses are 1) he didn't do it and 2) you consented, but this is probably a case where I would try to convince my client to take a deal because the judge and jury aren't going to believe him.

Customer:

the distirct attny says it may not even go to court , how then do i get my thibgs back he stole

Customer:

i am very concerned because if he gets off he has threatened to come back and kill me i told the DA

JD 1992 :

The DA can make it a part of the plea bargain for him to return the items.

Customer:

he already admitted he came he by invite and has my things but he said i gave them to him

JD 1992 :

He will almost certainly take a plea bargain and you may even be able to get him charged with threatening to harm you.

Customer:

i was at work and witmesses saw him at a later time than he says

Customer:

thanjk you

Customer:

if you were defending him what would you say

JD 1992 :

Those two defenses I gave you are the only ones that appear at all plausible under there facts. I would tell him to take the plea.

Customer:

thank you very much. wish me luck

JD 1992 :

I do wish you luck. It is shame that someone would be treated like this but unfortunately it happens too much.

JD 1992 :

Please come back to this thread after it is over and let me know what happens.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

JD 1992 :

Anything else I can assist with?

Customer:

i will and thsnk you so much you have been most helpful

JD 1992 :

I'll wish you the best and exit to assist others then. I do hope it goes well (I think it will).

Customer:

thank you\

JD 1992 :

You're very welcome.

Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,297
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Verified
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Dwayne B.
Dwayne B.
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Category: Criminal Law
Satisfied Customers: 34,297
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Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.

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