burglary charge

[topaz551]

What is the name of your state? ohio

I was at a party and nor the parents or any of the children were home, but their son gave told another that he could have some friends over while they were gone. Most of the people left that night but i ans some others stayed the night. in the morning the police came to the door and promptly arrested everyone inside and brought them to the police station. We were all charged with burglary.

Now ive looked up the charges and am confused why its burglary instead of trespassing
(


A) No person, by force, stealth, or deception, shall do any of the following:


(1) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense;


(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;


(3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense;


(4) Trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.


We never had any intent to commit a criminal charge besides being in the house so that elimates the first three in my book(but not the polices??) so am i most likely being charged with the 4th one?

furthermore if none of these are accurate can i try to get it lowered to trespassing or will the police most likely just laugh in my face?

we have offered to pay the homowners any damages and hopefully they wont press charges, even if they dont one officer said we might still be in trouble, anyone know why?

 

[seniorjudge]

What is the name of your state? ohio

I was at a party and nor the parents or any of the children were home, but their son gave told another that he could have some friends over while they were gone. Most of the people left that night but i ans some others stayed the night. in the morning the police came to the door and promptly arrested everyone inside and brought them to the police station. We were all charged with burglary.

Now ive looked up the charges and am confused why its burglary instead of trespassing
(


A) No person, by force, stealth, or deception, shall do any of the following:


(1) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense;


(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;


(3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense;


(4) Trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.


We never had any intent to commit a criminal charge besides being in the house so that elimates the first three in my book(but not the polices??) so am i most likely being charged with the 4th one?

furthermore if none of these are accurate can i try to get it lowered to trespassing or will the police most likely just laugh in my face?

we have offered to pay the homowners any damages and hopefully they wont press charges, even if they dont one officer said we might still be in trouble, anyone know why?

According to your post, you committed burglary.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[magic55]

Senior Judge is right again. Dont be stupid anymore. Get a good lawyer.

 

[topaz551]

thanks for the help, but can anyone tell me which charge it would be based off what i have already said?
1,2,3 or the 4th and if anyone knows why in detail....just trying to arm myself with as much information as possible

thanks

 

[magic55]

Only the police can tell you what you are being charged for, but they should have given you an exact statute number.