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Burglary and Writ of Possession

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MFCJohnson

Junior Member
What is the name of your state (only U.S. law)? California

A family member was recently arrested and charged with Felony Burglary (459 PC). According to the courts, his next "event" is Writ of Possession.
I've had experience with this as a property manager. But, I'm wondering how burglary and a Writ of Possession work together.
Let me add, he was homeless at the time of his arrest. Could this be a result of him entering a structure without permission and taking up unlawful residence?
 


CdwJava

Senior Member
A family member was recently arrested and charged with Felony Burglary (459 PC). According to the courts, his next "event" is Writ of Possession.
I've had experience with this as a property manager. But, I'm wondering how burglary and a Writ of Possession work together.
Let me add, he was homeless at the time of his arrest. Could this be a result of him entering a structure without permission and taking up unlawful residence?
Since you do not say what kind of property he entered, it is hard to say. But, a burglary generally occurs when you enter a structure with the intent to commit theft or any felony.

Did he break into the residence and "squat" there for a prolonged period? I can't see how that would be burglary unless he also stole water and power from the landlord and the state can show that he entered the property intending to commit the theft.

Now, all because he has been charged with burglary does not mean that he will ultimately be found guilty of it.

And the writ of possession would be a civil court matter, so you may be looking on the wrong court calendar or under the wrong case. Do you know for sure he has been arraigned on burglary charges?
 

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