Q: What is the process for a first offense burglary? My 19yr son is being charged with burglary for taking a bike. He and friends went into someone’s backyard and they were home and… Scroll down to read more!
Q: What is the process for a first offense burglary? My 19yr son is being charged with burglary for taking a bike. He and friends went into someone’s backyard and they were home and saw the kids and called police. He then got into an argument with the police about them being there and got charged with resisting arrest without violence… Sigh what is the process and what are our next steps? Not a good 5am call….
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/what-is-the-process-for-a-first-offense-burglary–1539547.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
6 lawyers agreed with this answer
Steven Douglas Knittle
Criminal Defense Attorney – Gulf Breeze, FL
Amir A. Ladan
Criminal Defense Attorney – Orlando, FL
Majid Vasigh
Criminal Defense Attorney – Tampa, FL
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
William David Umansky
Criminal Defense Attorney – Orlando, FL
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Criminal Defense Attorney – Gulf Breeze, FL
Criminal Defense Attorney – Orlando, FL
Criminal Defense Attorney – Tampa, FL
Criminal Defense Attorney – Deltona, FL
Criminal Defense Attorney – Miami, FL
Criminal Defense Attorney – Orlando, FL
1
If he is out on bod he will have an Arraignment coming up. As I said, it is ideal to have a private lawyer on board before then, but it is not fatal not to. The Arraignment is a perfunctory prcess wherein the State will announce charges, your son will be advised of the same, afforded counsel is he does not then have his own, a plea offer will likely be tendered and he will answer to the charges – AFTER speaking with his lawyer.
As a 19 y/o first time offender he is in pretty good shape. The resisting charge is troublesome but not fatal to a reasonable resolution. There are many many many sentencing options. I am attaching links to my Avvo Legal Guides on both diversion and sentencing in Florida as they each contain valuable information for you and your son. The diversion guide will inform you of that process and you should note the paragraphs on “Y/O” in the sentencing guide (although I do not think that it will come to that).
While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation.
Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney’s Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables (“free radicals” if you will) all of which combine to make it impossible to predict what will happen in a given case.
Again, the best advise you are going to get on a given case is to find yourself a local experienced criminal defense attorney (in your case in the St. Pete area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible.
I hope that this has been helpful and wish you the best of luck!
Pre-Trial intervention / Diversion: What is it and is it right for me?
Sentencing in Florida: The mathematics, procedures and the realities.
I hope that this has been helpful and wish you the best of luck!
Michael A. Haber
Secondary phone: 305-381-8686
Email: sharky910@aol.com
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.
July 26, 2017 -
Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
April 10, 2017 -
Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense
April 11, 2016
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