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Blog · November 9, 2014

Theft / Burglary / Juveniles / Resisting Arrest / Arguing with Cops / PTI / Diversion / Sentencing / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

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….

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Michael Adam Haber

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

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6 lawyers agreed with this answer

Steven Douglas Knittle
Steven Douglas Knittle
Criminal Defense Attorney – Gulf Breeze, FL
Amir A. Ladan
Amir A. Ladan
Criminal Defense Attorney – Orlando, FL
Majid Vasigh
Majid Vasigh
Criminal Defense Attorney – Tampa, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Alberto Marino Quirantes Jr.
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL

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Answered . If you can then you should hire a private and experienced St. Pete area criminal defense lawyer. The quicker that you do this the faster that a trained professional can begin to negotiate with the State Attorney in an effort to either stave off prosecution or to come up with alternative thereto (perhaps diversion). If you cannot afford a private lawyer hen do not fret, your son will be appointed a PD who will do the same, albeit more slowly. 

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? 

http://www.avvo.com/legal-guides/ugc/pre-trial-intervention–diversion-what-is-it-and-is-it-right-for-me

Sentencing in Florida: The mathematics, procedures and the realities. 

http://www.avvo.com/legal-guides/ugc/sentencing-in-florida–the-mathematics-procedures-and-the-realities
I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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