What evidence is needed in a California superior court, to be charged and convicted with commercial burglary?
sTORE = MERVYN'S DEPARTMENT STORE LOCATED IN THE NEWPARK MALL, IN NEWARK,CA, THERE ARE NO ITEMS AT ALL MISSING BELONGING TO MERVYN'S STORE.THIS STORE'S SECURITY TEAM SIMPLY ASSUMED THAT THERE WAS GOING TO BE A CRIME COMMITED AND CALLED THE LOCAL AUTHORITIES. THE CUSTOMER(DEFENDANT)IN QUESTION DID NOT STEAL ANYTHING OR LEAVE THE PROPERTY WITH ANY ITEMS AT ALL HE DID NOT BUY THE CLOTHES THAT HE HAD PICKED OUT DUE TO LONG LINE AT CASHIER, BECAUSE OF HUGE SALES GOING ON. UNDERSTAFFED EMPLOYEES, AND HIS HYSTERICAL GIRLFRIEND OUTSIDE WHO WAS DRIVING HIS CAR AND ABOUT TO LEAVE HIM(DEFENDANT) THERE. WHEN LEAVING THE PROPERTY HE GOT IN CAR AND LEFT. AS THEY APPROACHED THE EXTERIOR ROAD TO THE MALL A NEWARK POLICE CAR PASSED THEN QUICKLY MADE AN ILLEGAL U TURN AND STOPPED THE VEHICLE. AFTER A VERY THOROUGH SEARCH OF THE VEHICLE AND HIMSELF .NOTHONG AT ALL WAS FOUND TO SUPPORT THE COMERCIAL BURGLARY THEORY?
THE POLICE THEN WENT AND SEARCHED THE CUSTOMER'S HOME,IN NEWARK,CA, AND FOUND NOTHING.
Answers:
Burglary has only two elements. 1) An entry. When he entered the store, that was an entry. 2) The INTENT to commit a felony or theft at the time of entry. (Penal Code section 459.) There does not have to be an ACTUAL felony or theft (though the existence of one makes it a lot easier to prove the intent). The only question here concerns the second element, and there are not enough facts here to know what evidence the police or prosecutor have to show that the necessary intent existed at the time of entry.
Get a lawyer but my bet is the police have other evidence that you won't know about untill you get to trial if you don't get a lawyer. My bet is they have something on survalance camara like you dumping the stuff into a second car or something.
There is no way to predict what a court will rule with any confidence. Was OJ guilty? In criminal court, no; in civil court, yes.
Consult an attorney, or make the court appoint one if you can't afford it. Do not let the attorney accept a plea bargain unless some hard evidence of stolen property turns up.
Cut down on the crap in the account. The police car did not make an illegal u-turn; it's police and they're doing a low-risk maneuver to apprehend a suspect. It doesn't matter worth doodoo if the girlfriend was hysterical. It doesn't matter why defendant left the store--customers get to walk out of stores without purchases for no reason at all. Stick to the main point--THERE IS NO EVIDENCE. There is no stolen merchandise shown in possession at any time during the investigation.
sounds like you were boostin', seen the jig was up..dumped everything, and left. Where'd you leave the lined bags, or altered clothing at? Thats how boostin, becomes burglary...in Calif.....
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