Warrant for arrest for burglarizing own home?

[TriplEEE]

What is the name of your state? Colorado

My brother and his girlfriend had moved in to a new apartment back in May with their baby girl. He was not on the lease. They began fighting over the summer and she took the baby and moved in with some friends leaving everything behind. Ultimately, he decided to move out and took his stuff and the baby's crib which he had purchased. Six weeks later she procures a warrant for burglary and he has to turn himself in. She strategically had this done just before the custody trial they have on Nov 8th. Can he be arrested for moving his own stuff, and some of the baby's, out of his apartment??

 

[seniorjudge]

What is the name of your state? Colorado

My brother and his girlfriend had moved in to a new apartment back in May with their baby girl. He was not on the lease. They began fighting over the summer and she took the baby and moved in with some friends leaving everything behind. Ultimately, he decided to move out and took his stuff and the baby's crib which he had purchased. Six weeks later she procures a warrant for burglary and he has to turn himself in. She strategically had this done just before the custody trial they have on Nov 8th. Can he be arrested for moving his own stuff, and some of the baby's, out of his apartment??

Q: Can he be arrested for moving his own stuff, and some of the baby's, out of his apartment??

A: He didn't have an apartment. "He was not on the lease."

 

[Kane]

It's not illegal to live in a place where you're not on the lease.

Trip, unless your brother knows what she's told the police, he doesn't know what he's charged with doing. He needs to get an attorney.

 

[seniorjudge]

It's not illegal to live in a place where you're not on the lease.

Trip, unless your brother knows what she's told the police, he doesn't know what he's charged with doing. He needs to get an attorney.

Methinks we have not heard the facts here.

 

[TriplEEE]

No lease, no rights?

So though he had his own key, and was removing his personal possessions, he can be arrested? Mind you the warrant was issued 6 weeks after the alleged "burglary". What is the legal process from here, assuming he asks for a court-appointed attorney? He is due before court on Tues, Nov 8th, for a jury trial to commence (he is fighting for custody of his child).

 

[seniorjudge]

So though he had his own key, and was removing his personal possessions, he can be arrested? Mind you the warrant was issued 6 weeks after the alleged "burglary". What is the legal process from here, assuming he asks for a court-appointed attorney? He is due before court on Tues, Nov 8th, for a jury trial to commence (he is fighting for custody of his child).

Start from the beginning and give us a timeline.

Sounds like he left for a while then found a key and came back.

Anyway, what is the story here from start to finish? (Leave out personal info and editorializing...we know he's wonderful and she's a scumbag.)

 

[TriplEEE]

REALLY need some help here!!!

My urgent need for advice is based on the following: Upon finding out about this warrant yesterday, my brother turned himself in today, Nov 2. He is being held without ability to bond out. His court appearance for the burglary charge is "coincidentally" 9am, Nov 8, the exact time he is to appear in another courtroom before a jury regarding custody of his child. It would appear this was orchestrated for him to either miss the trial date or show up in shackles. While I'm sure the burglary charges are being filed within the statute of limitations, it seems as though his girlfriend's attorney has strategically timed this.

Is there any way to get court-appointed counsel prior to Nov 8?
Is she within her rights to file the burglary charge within the last few days though the alleged date was Sept 14?
Is it reasonable for this charge to disallow his ability to bond out?
Is there any way to know what these specific burglary charges constitute (i.e. stolen property or just breaking and entering)?

The reason my brother was not on the lease is because the Landlord only allows one name on the lease. The landlord acknowledged that the two were renting the apt together.

He had rented his subsequent housing 9/1, then returned 9/14 to get most of his personal belongings.

 

[TriplEEE]

I've edited my previous response to include more information...

 

[Kane]

I'm not from Colorado, so please keep that in mind.

My urgent need for advice is based on the following: Upon finding out about this warrant yesterday, my brother turned himself in today, Nov 2. He is being held without ability to bond out.

Do you mean a bond has not been set, or that he doesn't have enough money to post the bond? If his bond has been set, he may be able to post for as little as ten percent. Talk to a lawyer or a bail bondsman.

His court appearance for the burglary charge is "coincidentally" 9am, Nov 8, the exact time he is to appear in another courtroom before a jury regarding custody of his child. It would appear this was orchestrated for him to either miss the trial date or show up in shackles. While I'm sure the burglary charges are being filed within the statute of limitations, it seems as though his girlfriend's attorney has strategically timed this.

Is there any way to get court-appointed counsel prior to Nov 8?

I can't answer that. Call the court. Keep calling (politely) until you find someone who can.

Is she within her rights to file the burglary charge within the last few days though the alleged date was Sept 14?

It's police and prosecutors who make decisions about whether to investigate and prosecute cases. She can call and make a complaint at any time; it's up to them to decide whether to arrest and charge someone. A magistrate or a judge should have reviewed the case, to determine whether there's probable cause. If you go to the court and look at the file, you may be able to find out what exactly it is they think he's done. It may not be what you think.

Is it reasonable for this charge to disallow his ability to bond out?

I'm not sure I understand, but as a general rule, he should have the right to bail, and the Constitution says it can't be "excessive."

Is there any way to know what these specific burglary charges constitute (i.e. stolen property or just breaking and entering)?

Try doing a search on the web for burglary in the CO criminal code. Burglary generally requires that you break into a building and steal something or commit some other crime while you're there. But the specifics vary from state to state.

The reason my brother was not on the lease is because the Landlord only allows one name on the lease. The landlord acknowledged that the two were renting the apt together.

He had rented his subsequent housing 9/1, then returned 9/14 to get most of his personal belongings.

Sorry that's not too helpful, but like I said, you really need an atty from CO to help you with this.

 

[smutlydog]

What is the name of your state? Colorado

My brother and his girlfriend had moved in to a new apartment back in May with their baby girl. He was not on the lease. They began fighting over the summer and she took the baby and moved in with some friends leaving everything behind. Ultimately, he decided to move out and took his stuff and the baby's crib which he had purchased. Six weeks later she procures a warrant for burglary and he has to turn himself in. She strategically had this done just before the custody trial they have on Nov 8th. Can he be arrested for moving his own stuff, and some of the baby's, out of his apartment??

Some one that I once allowed to stay at my house for a few weeks stole my lawnmower.When I called the police they told me that I was out of luck since I gave him access.

Something tells me that this lady didn't give the police the entire story.