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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.

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