first degree burglary

[buffy93944]

I am in SC, and my brother in law was arrested last night and charged with first degree burglary. He got drunk and a friend of his dropped him off at their house and they left to get something to eat (They are condos spaced really close together), he came back out to go with them but they were gone, he went to go back in and went in the wrong condo and went straight to the back and got in the bed and went to sleep. He didnt take anything or have any weapons. and he is being charged with first degree burglary. I thought burglary was breaking in with the intent to commit a crime. The door was unlocked so he didnt "break in". He just went in the wrong house. Cant these charges be dropped? thanks tammy

 

[shawn6988]

it's up to the owners to press charges,if they don't than there really isn't a case.does he have a criminal background?

 

[buffy93944]

The officer told me that it is out of the owners hands now to drop charges, that it is the state that is charging him or something to that effect. He does have a DUI in his past (about 4 years ago) He just got out of the army a month ago.

The officer said that because it was in the middle of the night and he commited a crime when he entered the home (trespassing) that it was 1st degree burglary. He said it was very obvious he thought he was in his friends home, because he kept telling him it was his buddys house and he came in the door and went straight to the bed and went to sleep, and the door was unlocked at the home he went into.

 

[shawn6988]

IF THERE GOING TO BE ***HOLES ABOUT IT AND HE HONESTLY DIDN'T ATEMPT TO STEAL ANYTHING AND WAS FOUND SLEEPING.THAN GO THROUGH THE PROCESS AND "NOT GUILTY". HE HAS NO OTHER THEFTS THEY WILL JUST SCARE HIM AND OFFER STUPID DEALS, TILL ITS JUST A FINE AND A TRESPASSING CHARGE.OR YOU CAN HOLD OUT AND THEY CAN WASTE THE MONEY TO GO TO TRIAL AND THE JURY WILL HERE THE OWNERS TESTIMONY THAT HE DIDN'T STEAL,AND WAS FOUND SLEEPING.AND IF THEY BRING UP HIS DUI THEY WILL SEE HE'S MAYBE GOT A DRINKING PROBLEM.NOT A BURGLAR.USUALLY, THERE IS NO CASE IF THE VICTIM DROPS THE CHARGES UNLESS IT'S DOMESTIC VIOLENCE. IT WILL BE EASIER TO JUST TAKE A LITTLE FINE AND PLEAD GUILTY,BUT REMEMBER SH** HAPPENS AND IF HE GETS IN SH** LATER IN LIFE IT WILL BE USED AGAINST HIM.


"I AM 100% NOT GUILTY'' O.J. Simpson

JURY TRIAL...