Burglary, Arson, Home Invasion Burglary of a Vehicle

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Taibabie

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I am trying to find out some information about the situation my husband is in right now. I am truly hoping someone can help me. My husband is being charged with 2 counts of burglary of a vehicle. He has told me that he did not take anything from any vehicles. He was intoxicated, and in an attempt to hide from the police he hid in an unknown car. The car was unlocked. He did not break in, in the sense of breaking any windows, or prying any locks. The doors were unlocked, and he got in and hid. He didn't take anything from the car period. They are trying to say that he burglarized the car, and that the items he had on him at the time that they found him in this car were taken from a completely seperate vehicle. He was arrested on Sunday night/Monday morning. It is going on 4 days now, and he hasn't spoken to anyone. No detectives, and no lawyers. No one has even asked him if he would like, or even needs a lawyer. The detective I spoke to personally is accusing my husband of taking a hat, some change, and other items. But he would not say what the other items were. My husband insists that he did not take anything from anyone or anywhere in that neighborhood, nor the car he was found hiding in. He also insists that he had no hat in his possession. He says he had $ 40 dollars in bills, and change in his pocket. They were also trying to charge him with hit and run. They saw the damage to the front of our vehicle, and assumed that the damage was from him hitting something or someone. They impounded our car, and put a hold on it. I asked about this, and I was told that they are trying to locate what he could have hit. I let them know that all the damage to the car was and has been there long before any of this. They are trying to charge him with this burglary, and it is listed as 2 class b misdemeanors. I believe that the punishment for this is a fine not to exceed $2000.00 and confinement not to exceed 180 days. I am wanting to know what to expect, and what I can do. I want to remain realistic, and I feel I can only do that if I kind of knew what to expect. He has a criminal background. He was sentenced to prison back in 2001. He got out in 2003 with parole. He finished his parole, and hasn't been in any trouble with the law since. I just want to bring my husband home. Can someone help me?:angel
 
Well I admit I did not read your whole post... but essentially, in order to prove burglary the prosecutor will have to prove the intent to steal, whether or not property was actually taken. In California, the difference between burglary and petty theft is as simple as whether the car was locked or not... you should find out how Texas law defines vehicle burglary.
My take on the snippet I read... he tried to run and hide from the police so they responded by jacking up the charges. The attorneys will get hold of it and hack it down to something more appropriate.
 
We don't have an attorney. I wouldn't be able to afford one anyway. Can this make things worse for him? Any idea what kind of time he may face?
 
First he has not been CHARGED with anything yet? As soon as he is charged there will be an arraignment. At the arraignment he will be allowed to apply for a court appointed attorney. Relax. It isn't as bad as you seem to think. At worst he is looking at some petty theft, and I don't think they can even prove that. Tell him not to talk with anyone but his attorney. I know he doesn't have one yet but he will. Talk to no one until he does. PATIENCE is the key right now.
 
You also need to check and see if he has really been processed at this point. There are limitation on how long they can hold an individual with out processing they. They arrainment should be with in the next twenty four hours. Depending on state determines time frames if not with in these time frames all charges will be dropped. You do not need a lawyer for any of this just do a little research yourself and confront district attorny. be annoying.
 
I believe I remember him saying something about arraignment where he was told what he was being charged with. But that was on the same day of the arrest. But he hasn't spoken with anyone since. He keeps saying that he did take something, but nowhere from where he was found and arrested. So you say maybe petty theft. Would his prior criminal record make things worse for him? His record has similar charges from 2001.
 
just do a general legal search online. there are also legal advise cites that you can talk to a laywer. it does cost a little money. like twenty bucks or so.
 
If he is telling you that he DID take something, then there is no telling what he told the police, especially if he was drunk. With that information it seems more likely that they probably have been able to put a case together on him. Maybe the property he had on him did not come out of the vehicle he was found in, but if they found out where that property did come from and it was reported stolen, then he is toast. The hit and run is different... unless they can find something that he hit then that charge will go away.
I would bet that in the time after his arrest the police got additional reports of vehicle burglaries and were able to connect your husband due to the property he was carrying or with other evidence. If they didn't have anything then he would have been out by now.
 
So any idea as what to do now? Is there anything more I can do? Are there any questions he should or could be asking while he is in there? Can he find out what they claim to have against him? What evidence there is, or why he is being charge with this crime? Because it is going on the 5th day now, and no one has told him anything. No court appearences, no lawyer, or any information on what they have.
 
You earlier said that he had been to an arraignment... that is a court appearance.

Public info... call the jail and find out what charges he is being held on.
If you should find out that he has not been to court yet (which I highly doubt is the case) contact the district attorney immediately.

Good questions for him to ask are "When will I go to court?" and "When will I be released?" Also, if he has not yet asked "May I please speak with an attorney?" he should give that a try too.
 
Any suggestions about court appointed lawyers. I would love for him to have his own private attorney, but I can't afford it. Will or could this make things worse for him? Also he keeps saying new inmates are coming in, seeing lawyers, being taken to court, and being transferred to where they will essentially serve their time. But none of that has happened to him. He also states that his bond which is two $ 5000.00 bonds, is higher than people in there on felony charges. What could that mean? I appreciate all your help!! Thank you!
 
Finally talked to someone. All they said is that he is still being held in the Mansfield City Jail. He has 2 charges of Burglary of a Vehicle. 2 $ 5000.00 Bonds, totalling $ 10000.00. Which I can even dream about affording. But that's all I got. Is there anything in specific I need to be asking? So far I'm only getting information I already know. Is there something else I can ask, that will get me more information? Or someone else I need to be calling?
 
Usually to post bail you only need to come up with about 10% of the amount... in this case, $1000. The bail bondsman will put up the rest. Call a bail bondsman and see what they will work out. From what you are saying, the only reason he is sitting in jail is because nobody has bailed him out.
 
Spoke with the Detective who was handling the case today. He officially filed charges against him today. He says now it is up to the DA wherther or not to proceed, or drop the charges. He will be transferred back to the county jail sometime this weekend where he will wait to go to trial or be released. So what should I do now? Any suggestions?
 
I don't have the money to bail him out. I couldn't even if I tried. I just don't have the money. Does this make things worse?
 
If the DA is just now getting the case then you should be raising hell. The DA should have had this within 48 hours. Call the DA and find out what they have to say about this. They need to know how long he has been in jail and that the police had just now sent in the paperwork.
 
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