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  1. #1
    monicashiloh is offline Junior Member
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    Unhappy Commercial Burglary

    What is the name of your state (only U.S. law)? Arkansas

    I have been charged and went to an arrainment for commercial burglary. The reason for this is because a few of my friends and myself entered a building that appeared to be abandoned/closed down. One of my friends while there signed his name(stupid i know) and that led police back to us. I told police the truth about everything which is that we went in the building because my friends like to skateboard and I like to take photos. The building has obvious signs of alot of other people being in the building before us, even a homeless man was found dead in the building. The police are saying that we took $1500 worth of property. Unknown to me 2 of the people in my group did pick up small random things like magnets and playing cards which they told the police and returned. My point is this-they have no proof that I took anything because I didnt, the building is open we did not break it.
    I realize entering a building that does not belong to me is stupid and believe me after this has happened I will never do it again.

    BUT am I going to do jail time for this? The judge said i'm being charged with felony commercial burglary which is I can get 3-10 years for!! I have already been arraigned and my court date is march.
  2. #2
    FlyingRon is offline Senior Member
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    You need a lawyer. This is a felony and a jail term is certainly a possible outcome.

    You don't need to "break" in just to enter and remain unlawfully.
    You do however need to have the purpose of committing another crime.
    However the theft certainly is and so is the vandalism.

    You'll need a good one.
  3. #3
    monicashiloh is offline Junior Member
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    Unhappy getting frustrated

    OK I have now found out that I am not being charged with commercial burglary because of items taken out of the building! I am being charged with commercial burglary because of graffiti done in the building. All the graffiti done in the building was done by someone else, except for one small area where I did write my name with a marker. My public defender that was assigned to me is obviously overworked and won't even bother talking to me except to say that I probably wont do jail time. Can anyone help me?
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by monicashiloh View Post
    OK I have now found out that I am not being charged with commercial burglary because of items taken out of the building! I am being charged with commercial burglary because of graffiti done in the building. All the graffiti done in the building was done by someone else, except for one small area where I did write my name with a marker. My public defender that was assigned to me is obviously overworked and won't even bother talking to me except to say that I probably wont do jail time. Can anyone help me?
    **A: what kind of help do you need?
  5. #5
    monicashiloh is offline Junior Member
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    frustrated

    i'm curious about the sentence that I will receive. I have never been in trouble before so I have heard a thousand different things about what is going to happen. Most people are saying that I will get a suspended sentence and probation but others are saying i will go to jail. Anyone have any ideas?
  6. #6
    Antigone* is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: what kind of help do you need?
    maybe some whiteout HG, do you have any?
  7. #7
    FlyingRon is offline Senior Member
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    Quote Originally Posted by monicashiloh View Post
    , except for one small area where I did write my name with a marker.
    And you decided that all that other graffiti would look better with your signature on it? This is like Arlo Guthrie's infamous "We figured one big pile of garbage was better than two little ones, so rather than haul that one up we through ours down."
    My public defender that was assigned to me is obviously overworked and won't even bother talking to me except to say that I probably wont do jail time.
    Perhaps you won't but you don't want a felony conviction either if you can avoid it, but it's going to take some legal wrangling to get out what by your own admission is an obvious felony committed. Lawyers don't normally spend a lot of time talking to clients in advance of the early court date unless there is some particular reason (and you haven't indicated any). He's obviously found out the bill of particulars on your crime and you neither dispute that bill nor the circumstance of the arrest.


    What other help would you like?
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Wirelessany1 View Post
    maybe some whiteout HG, do you have any?
    **A: I got a gallon in storage from years ago.

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