Facing a burglary trial can be a stressful experience. Understanding the process is crucial, especially when your freedom is on the line. Whether you are charged with burglary or are just curious about how the trial works, it’s essential to know what to expect. A burglary trial follows strict legal procedures, and understanding these can help you be more prepared for each step of the way.
Perlman & Cohen is committed to helping defendants understand the trial process and fight for their rights. Our criminal defense attorneys work closely with clients to ensure that they are well-informed and prepared for every stage of the trial. We can help you understand the process from start to finish, and we’ll stand by you as your legal counsel throughout the entire journey.
Burglary is generally defined as unlawfully entering a building or structure with the intent to commit a crime, such as theft, vandalism, or assault. The key to a burglary charge is the intent to commit a crime inside the property. It does not require the actual commission of the crime -- just the intent to commit it.
Burglary | Theft |
|---|---|
Involves unlawful entry into a building or structure with the intent to commit a crime. | Theft is the unlawful taking of property from another person with the intent to permanently deprive them of it. |
Can involve violent or forceful entry, such as breaking a window or door. | Theft generally doesn’t require breaking and entering. It can involve taking items directly from someone or from an unattended area. |
Burglary charges are often more serious, with longer sentences and higher penalties. | Theft charges are typically considered less severe than burglary, depending on the amount stolen and the circumstances. |
Focuses on intent to commit a crime inside a structure or dwelling. | Theft focuses solely on taking property without any requirement for unlawful entry. |
Can be classified into first, second, or third-degree based on severity. | Theft can range from petty theft (for small amounts) to grand theft (for higher values). |
Requires the unlawful entry into a dwelling, business, or vehicle. | Theft may not require entry into a private or restricted area. |
A burglary trial involves several key stages that ensure a fair trial process. Each stage is crucial for both the defense and prosecution to present their cases.
Here are the main steps in a burglary trial, from the initial arraignment to pre-trial motions, and how each step plays a role in shaping the outcome of the case:
The arraignment is the first official step in the trial process. During this stage, the defendant is formally charged with burglary, and they enter a plea of guilty, not guilty, or no contest. The judge will also inform the defendant of their rights and set bail conditions. This is a critical step, as the defendant will begin to understand the legal process and what lies ahead.
Before the trial begins, both the prosecution and defense exchange evidence through a process called discovery. This allows both sides to review all the evidence that will be presented during the trial, including police reports, witness statements, and physical evidence.
Pre-trial motions may also be filed by the defense, challenging the legality of certain evidence or requesting a dismissal of charges. These motions help shape the trial by determining which evidence is admissible.
Jury selection is an important step in the trial process, where both the defense and prosecution work to choose a group of people who will decide the outcome of the case. During this stage, potential jurors are questioned to make sure they can be fair and unbiased.
The goal is to have a jury that will listen carefully to all the evidence, follow the law, and come to a verdict based only on what happens during the trial. Both sides can ask questions and, if needed, remove some potential jurors for specific reasons, like having a bias or connection to the case.
Opening statements are the first opportunity for both the prosecution and the defense to speak directly to the jury. During this stage, each side explains what they believe the evidence will show and what they intend to prove.
The prosecution will explain their version of the events, telling the jury why they believe the defendant committed burglary. The defense, on the other hand, will highlight their arguments and explain why they think the prosecution’s evidence may not be enough to prove the defendant’s guilt. These statements help set the stage for the entire trial and give the jury an idea of what to expect.
The presentation of evidence is a key part of the trial where both sides show the jury the proof they have gathered. This could include physical evidence, like stolen property or fingerprints, and witness testimony, where people explain what they saw or know about the crime. The prosecution goes first, showing how the evidence supports their case and proves the defendant’s guilt.
After that, the defense can present its evidence and challenge the prosecution’s case. Both sides aim to convince the jury of their version of the events, whether it's proving guilt or showing reasonable doubt.
Closing arguments are the final chance for both the prosecution and the defense to speak directly to the jury and explain why they believe the jury should decide in their favor. The prosecution will go over all the evidence presented, reminding the jury of key witness testimony, physical evidence, and other facts that they believe prove the defendant committed the crime.
The defense will then respond by pointing out weaknesses in the prosecution’s case, stressing that the evidence may not be enough to show guilt beyond a reasonable doubt. This stage is not about bringing in new information but about giving the jury a clear summary of each side’s position before they begin their discussions.
After the closing arguments, the jury goes to a private room to start their deliberations, where they talk through all the evidence presented during the trial and discuss what they believe really happened. The jurors must carefully consider the testimony, physical evidence, and the judge’s instructions on the law before making a decision.
Their goal is to reach a unanimous verdict, which means every juror must agree whether the defendant is guilty or not guilty. Once they decide, they return to the courtroom, and the judge asks the jury foreperson to announce the verdict, which becomes the trial’s outcome.
In a criminal trial, several key elements help ensure a fair and thorough process. These include the role of the jury, how the trial proceeds, and the instructions the jury receives to guide their decision-making. Each part of the trial, from jury deliberations to cross-examination, plays a vital role in determining the outcome.
Here are the most important aspects, including jury trials, jury instructions, and the steps involved in reaching a verdict:
A jury trial is when a group of people, the jury, listens to the evidence presented and determines the defendant’s guilt or innocence. The judge provides the jury with instructions on the law, guiding them on how to evaluate the evidence and what legal standards to apply. These instructions help ensure the jury makes an informed decision.
After all evidence is presented and closing arguments are made, the jury enters deliberations. During deliberations, the jury discusses the case in private to reach a verdict. If the jury cannot agree on a unanimous decision, it results in a hung jury, and the case may be retried or resolved in another way.
During the trial proceedings, both the prosecution and defense are allowed to use peremptory challenges to remove potential jurors they feel may be biased or unsuitable. The defense will also use what's called "cross-examination" to question witnesses presented by the prosecution, aiming to weaken their testimony and challenge the evidence that may be used to determine guilt.
The defense plays a critical role in ensuring that the defendant receives a fair trial. Their job is to protect the defendant’s rights and challenge the evidence presented by the prosecution. Throughout the trial, the defense works to prove that the prosecution has not met the burden of proof and to raise reasonable doubt in the minds of the jury.
One of the main jobs of the defense is to challenge the evidence the prosecution presents. This could involve showing that the evidence is unclear, unreliable, or doesn’t really support the prosecution’s case.
For example, if the prosecution is relying on physical evidence like fingerprints, the defense might question whether those prints really belong to the defendant. By pointing out flaws in the prosecution's evidence, the defense aims to weaken the case and raise doubt in the minds of the jury.
Witness testimony plays a key role in any trial, and the defense will often challenge the credibility of the prosecution's witnesses. This might include showing that a witness was not sure about what they saw, that their memory of the event is unclear, or that they have a reason to be biased.
The defense may also present their own witnesses to support the defendant’s case or to provide an alternative explanation of the events. By questioning the reliability of witnesses, the defense works to weaken the prosecution's argument.
After the jury reaches a verdict, the next step depends on whether the defendant is found guilty or not guilty. If the defendant is found guilty, the court will begin the sentencing process. If found not guilty, the defendant is free to go. There may also be the possibility of an appeal in certain situations, depending on the case's outcome.
If the jury finds the defendant guilty, the judge will schedule a sentencing hearing. During this hearing, the judge will decide what the punishment will be, which could include prison time, fines, probation, or a combination of these.
The defendant’s criminal history and the severity of the burglary charge will play a role in determining the sentence. In some cases, the judge may offer a plea deal before sentencing.
If the jury finds the defendant not guilty, the defendant is immediately released, and no further legal actions are taken. This means the defendant is legally cleared of all charges, and the case is over. A not guilty verdict means that the prosecution has failed to prove the defendant’s guilt beyond a reasonable doubt, which is required for a conviction.
If the defendant is found guilty, they may have the option to file an appeal. An appeal is a request to a higher court to review the trial process and see if any mistakes were made that could have affected the verdict. This could involve errors in the law, problems with the jury, or new evidence coming to light. If the appeal is successful, the conviction could be overturned or the case could be retried.
A criminal defense attorney is essential throughout the burglary trial process. They help prepare the case, represent the defendant in court, and ensure the defendant's rights are protected. From gathering evidence before the trial to helping with sentencing or appeals after the criminal trial, the criminal defense attorney is there every step of the way to provide guidance and support.
Before the trial starts, the criminal defense attorney works on gathering all the information needed to build a strong case. This includes reviewing evidence, interviewing witnesses, and deciding on the best defense strategy.
The criminal defense lawyer will also file motions, such as asking to dismiss the charges or suppress certain evidence. They prepare the defendant for trial by explaining what to expect and how to act during court proceedings.
During the trial, the criminal defense lawyer plays a key role in defending the defendant. They cross-examine witnesses presented by the prosecution, challenge evidence, and present their own case to show the defendant’s innocence or raise reasonable doubt.
The criminal defense attorney also helps ensure that the defendant understands what is happening at each stage of the trial and that their rights are upheld.
If the defendant is found guilty, the defense attorney can help with post-trial options, such as sentencing hearings or filing an appeal. The attorney may also help the defendant understand possible alternatives to prison, like probation or a plea deal.
If the case was not resolved in the defendant’s favor, the criminal defense attorney will work to find the best way to challenge the decision and seek a fair resolution.
If a defendant is found guilty of burglary, they could face serious penalties. The exact punishment depends on factors like the severity of the crime, whether the defendant has a criminal history, and the specific circumstances of the case. Below are the main types of penalties and sentencing a defendant may face if convicted of burglary.
In addition to or instead of prison time, the court may order the defendant to pay fines. These fines can be substantial and are meant to punish the defendant for their crime.
Restitution may also be ordered, which means the defendant must pay the victim for damages or losses caused by the burglary. This could include replacing stolen items or repairing property damage.
For serious burglary convictions, the defendant may be sentenced to jail or prison. The length of the sentence depends on the degree of the burglary charge.
First-degree burglary, for example, often leads to a longer prison sentence, while third-degree burglary might result in a shorter jail sentence. The defendant's criminal history and whether violence was involved in the crime can also affect the length of the sentence.
In some cases, the judge may allow the defendant to serve their sentence under probation, meaning they are allowed to live outside of jail or prison but must follow certain rules. These rules could include regularly checking in with a probation officer, attending counseling, or staying away from certain people or places.
Parole is when a person is released from prison before completing their full sentence, but is still under supervision.
If a defendant has been convicted of burglary, they may be able to have their criminal record expunged or sealed in certain cases. Expungement means the conviction is removed from the defendant's record, while sealing a record makes it unavailable to the public.
This can help the defendant move forward and find work or housing, but it is only possible if certain conditions are met, such as having a clean record after the conviction.
The person accused has the right to remain silent and not testify. They should let their defense lawyer handle the case and ensure their rights are protected throughout the trial process.
The legal system requires the prosecution to prove the defendant's guilt beyond a reasonable doubt. The defense may present evidence, witnesses, and a compelling narrative to challenge this and raise reasonable doubt.
During direct examination, the defense or prosecution questions their own witnesses to present evidence and establish facts that support their case. Defense witnesses can provide crucial testimony to weaken the prosecution’s argument.
In violent crime cases, such as aggravated assault or burglary, it’s essential to have an unbiased jury. The jury is tasked with evaluating all the evidence, including victim impact statements and surveillance footage, to reach a verdict.
During jury deliberations, the jury actively participates in discussing the evidence gathered throughout the trial, including any crime scene details or aggravating circumstances. They must come to a unanimous decision based on the evidence presented.
When the defense rests, they have finished presenting all their evidence and witnesses. At this point, the judge decides whether the case is ready for the jury to deliberate or if further evidence gathering is necessary.
A plea bargain is an agreement where the defendant may plead guilty to lesser charges to avoid a trial or receive a reduced sentence. This can be discussed before the final stage of the trial, saving time and resources while avoiding a lengthy jury trial.
If you or someone you know is facing burglary charges, having a skilled criminal defense attorney on your side is essential. Perlman & Cohen focuses on building a strong defense strategy tailored to your specific case. Our experienced attorneys work diligently to ensure that your rights are protected throughout the trial process, from gathering evidence to presenting witnesses in your favor.
We understand the serious nature of burglary charges, especially when they involve serious felonies. Our team is committed to following the strict rules of the legal system while striving for a favorable outcome for our clients.
Whether through challenging the prosecution’s case, defending against wrongful accusations, or fighting for a reduced sentence, we are prepared to put up a strong defense. If you’ve been accused of burglary and need expert legal counsel, contact us today for a consultation. We are here to fight for the best possible outcome in your case.
