How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4829
Experience:  Experienced in state and federal criminal litigation.
Type Your Criminal Law Question Here...
TexCrimLawyer, J.D. is online now
A new question is answered every 9 seconds

My son was intoxicated and wandered into someones home. They

This answer was rated:

My son was intoxicated and wandered into someone's home. They called the police and he was arrested and charged with public drunkeness and breaking and entering, even though he did not break into the house.
Will he be able to leave the state and should he get legal counsel for his hearing or just use the state appointed?

TexLawyer :

Good afternoon. I'll be assisting you with your question.

Customer: Good afternoon
TexLawyer :

In order to be convicted of burglary, often referred to as breaking and entering, the state must prove that your son unlawfully entered into some else's property with the intent to commit a theft or other felony.

TexLawyer :

In this case, he clearly entered the property unlawfully. The question here is whether he did so with the intent to commit a theft or other felony.

TexLawyer :

Based on what you've said, the state will have difficulty proving the second part.

Customer: He was in a small little town and just walked into the house, doors were unlocked, thinking it was the house he was staying in
TexLawyer :

As far as leaving the state, since he will be on bond, the bond conditions usually restrict a person from leaving the state. Those conditions can be modified by a judge, but the standard conditions will prevent him from leaving.

TexLawyer :

I understand. Often times the police will charge anything they think may apply and then let the DA figure it out.

Customer: He is going to call the court tomorrow to see if they will let him leave
TexLawyer :

Lastly, if he has a court appointed lawyer, there is usually no reason to go hire your own. Generally, the court appointed lawyers are very competent and experienced, as the handle hundreds of cases a year. That said, like anything else, it largely depends on the specific lawyer you get. Some are better than others, just as some private lawyers are better than others.

Customer: He has never been in any kind of trouble before, hope the court looks at that favorably
TexLawyer :

They usually do, especially for something as relatively minor as this.

Customer: Thank you
TexLawyer :

Glad to help.

TexLawyer :

If I've answered your question, please remember to "rate" my answer before you go. Good luck to you and your son.

TexCrimLawyer, J.D. and other Criminal Law Specialists are ready to help you