Joe Hurley is an Experienced Lawyer Who Has Been Practicing Law for Over 30 years

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Burglary

Burglary, by its nature, is a crime of stealth. It is a crime that can be committed even though the victim is not present or even if present, does not lay eyes on the perpetrator so as to be able to effect an identification. Consequently, the defense of one accused of burglary often involves a thorough knowledge of circumstantial evidence and constitutional law regarding the requirements of evidence that permit the introduction of a confession.

Few burglars are caught in the act. They have planned the crime, and they have planned a means of escape. They will usually choose a location that allows them maximum potential for successfully escaping. Although it is a generalization, most burglaries are committed by more than one person. It is a crime which by its very nature has a greater chance of success if two or more persons are involved as a team. Typically, there will be a lookout whose role is to warn the others inside who are actually gathering up the proceeds. Typically, investigators will arrest someone who is associated with the proceeds of the burglary. Often, those persons have to transform the goods or merchandise into cash, and it is this mechanism which often initiates apprehension. When a burglar is apprehended, he is trying to extricate himself from a most difficult situation. Burglary involves mandatory incarceration and one who is caught is trying to help himself. That is usually accomplished by "diming out" a confederate while in the context of admitting one's own involvement.

Although any crime where two or more persons are participants involves a thorough knowledge of evidence and constitutional law as it pertains to the statements of co-defendants or co-conspirators in crime, burglary touches upon that expertise.

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