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Hello. My girlfriend and I got into an argument in may of this

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yearso I went to her...
Hello. My girlfriend and I got into an argument in may of this yearso I went to her house and grabbed all of my things and left. Note I had a key for her house. She was mad that I stopped when she wasn't home so she called the police and filed a report. A couple days later we worked out problems out so we never thought about the whole police thing since they told her it was just a report. A week ago I found out there was a warrent out for me saying I was a bugular. We are still together to this day and we have a court date for next Monday. She doesn't want anything to be done to me and I am scared of being in trouble since bugarly is a felony. What should we do now that I am being charged with burglary and I never broke in??
Submitted: 4 years ago.Category: Criminal Law
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Answered in 13 minutes by:
7/9/2013
Criminal Lawyer: Barrister, Criminal Defense Law replied 4 years ago
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,661
Experience: 17 years practicing criminal defense.
Verified
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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When someone filed a complaint against someone, the DA then evaluates the complaint based on what it contains and determines whether or not to file a formal criminal charge against the defendant.
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But the details get fleshed out later on when the defendant's side of the story comes into play and then the DA has to decide whether to drop the case or whether to pursue prosecution.
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When you and girlfriend talk to an attorney and explain the whole story, and the attorney then goes and talks to the DA about the case, I would opine that it is extremely likely that he will eventually end up dismissing the case. This is because from a purely legal viewpoint, if you were staying there some of the time and had a key, and hadn't been told by girlfriend that you weren't allowed into the home, and you took only your property, then this isn't burglary.
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But the DA doesn't know this side of the story yet, so they always charge the biggest thing they can and then figure out the rest later...
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Customer reply replied 4 years ago
Thank you for the response. It helped calm me down. I am just afraid of losing my job since we just bought two vehicles and we are looking at buying a house also. She is scared that she is going to lose me if I end up getting charged. Now how will the da see this since we are still a couple and are trying to make a future together
Criminal Lawyer: Barrister, Criminal Defense Law replied 4 years ago
That will go towards strengthening the idea that this was a domestic argument that got blown a little out of proportion. Once your attorney sits down with the DA and explains the situation, unless there are details and facts you are leaving out, then I don't see any way legally that the DA could support a charge of burglary.
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This is the definition of Burglary under Ohio Law:
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2911.12 Burglary.

 

(A) No person, by force, stealth, or deception, shall do any of the following:

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(1) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense;

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(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;

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(3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense .

(B) No person, by force, stealth, or deception, shall trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.

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(C) As used in this section, "occupied structure" has the same meaning as in section 2909.01 of the Revised Code.

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(D) Whoever violates division (A) of this section is guilty of burglary. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.

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(E) Whoever violates division (B) of this section is guilty of trespass in a habitation when a person is present or likely to be present, a felony of the fourth degree.

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The key thing here is trespass and intent to commit a criminal offense. Neither of those are present in your situation based on what you have stated. So the DA simply couldn't make their case stick. They will realize that once your attorney explains the situation with girlfriend's support and backing him up.
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Thanks
Barrister
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