Wednesday, July 13, 2011

2nd Degree Burglary; What should I expect?

This is my first offense. I live in a duplex. A few months ago I overheard the tenant on the other side of me engaged in a phone conversation in which she exclaimed that "My house should be ready for me to move into in April". So about three weeks into March I witness the tenant loading her belongings into a vehicle, I assumed that she was moving into the forementioned "house". A few weeks go by without anyone coming or going from the "vacant" unit. I decide to go over and take a look and see if I can find a cabinet door that will replace one that is broken in my unit. Both units are connected via a crawl space in the attic in which I have never been before. Upon entering the "vacant" unit, it appears littered with trash, most of the items in decent condition appear to be packed in tubs and boxes as if meant to be taken somewhere, and in dissaray as if it had been abandoned in a hurry. However, I do spot some items that do not completely appear to be trash, just some decent looking mirrors, picture frames, wall art, and child's toys. I decide someone may be coming back for the items so I leave out the back door and lock it. A few more weeks go by and still noone comes or goes, so now I make the mistake of assuming that she is gone for good, and decide to take some of these belongings back to my unit to use myself and for my daughter, not to sell or anything. About three more weeks later our refrigerator stops working, being as I was extremely late on rent I don't bother asking my landlord to replace it as I already know what the answer is, I decide to store some items in the refrigerator next door, so as not to spoil. The refridgerator is disgusting with some old rotten meat in the freezer so I go ahead and clean it up well and keep some sodas over there, and begin to make regular trips when I need something to eat or drink. A neighbor friend of the former tenant catches on and calls the police after a trip over there to get a soda. The police surround my house, my never have being arrested before I am obviously nervous and take a while but eventually open the door. I fully cooperate with the police, being honest when they ask me about some missing items I immediately give them up and tell them I was under the impression that the items were abandoned. I was placed under arrest and taken to the city jail on a 24 hour hold. The next morning I speak with the detective and give him the same exact story you have read here. I am returned to my cell while he speaks with the prosecutors. about an hour or so later I am released paying no bond pending further investigation. The estimated value of the property is said to be about $200-300. The victim turned out to be in another state for a surgery this whole time and wants to press charges. Can she press charges if she is in another state during the crime? I am in Missouri and this is my first offense, what can I do to avoid any jail time?

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