WH Criminal Background

  • #101
  • #102
But I find it interesting. Class 6, so no weapon on him, (at least not that they can/could prove) BUT it clearly states "if someone is in the home"
 
  • #103
But I find it interesting. Class 6, so no weapon on him, (at least not that they can/could prove) BUT it clearly states "if someone is in the home"

Good find! But since no one was in the home, how would this charge stick?
 
  • #104
Is this the same burglary charge that was dropped at the last hearing?
 
  • #105
No. Last one was a B&E. This one is a statutory burglary charge.

Door was unlocked.

Also states "while also intending to commit a misdemeanor offense other than assault and battery or trespass."

Planting "evidence" maybe? Someone is spilling the the beans.
 
  • #106
Is this the same burglary charge that was dropped at the last hearing?

No. This one is statutory burglary, which seems to be a lighter crime. (Felony 6)
 
  • #107
In order to be convicted for burglary in Virginia the government must prove two things:

That you entered a dwelling without consent or through forceful means.
That you entered the structure with the intention, or developed the intention once inside, to commit a felony or misdemeanor.
 
  • #108
Common law burglary must happen at night, statutory can happen at any time of the day.

There are three forms of statutory burglary in Virginia. First, there is Breaking and Entering with Intent to Commit Murder, Rape, Robbery or Arson, which is punishable by five to 20 years of imprisonment and/or a fine of up to $100,000.

Second, there is Breaking and Entering With Intent to Commit Larceny, Assault and Battery, or Felony Other Than Murder, Rape, Robbery, or Arson. This offense is punishable by one to 20 years imprisonment, confinement in jail for up to 12 months, and/or a fine of not more than $2,500.

The third and final form of statutory burglary is Breaking and Entering A Dwelling House with Intent to Commit A Misdemeanor Other than Trespass or Assault and Battery. The punishment for this offense is one to 5 years of imprisonment, confinement in jail for up to 12 months, and/or a fine of not more than $2,500.
 
  • #109
No. This one is statutory burglary, which seems to be a lighter crime. (Felony 6)

Maybe he broke into HIS house!
Took his amo and scale!
 
  • #110
Maybe he broke into HIS house!
Took his amo and scale!

That's actually a valid theory. There were people in THAT house. (People that are now spilling the beans)
 
  • #111
  • #112
  • #113
  • #114
Good find Mamajaay! Thank you

Curious why it already has a trial date? 7/8/15

What does Capias Issued mean? I can google it nevermind
 
  • #115
Good find Mamajaay! Thank you

Curious why it already has a trial date? 7/8/15

What does Capias Issued mean? I can google it nevermind

I don't see 7/8/15. I see 5/20/15 will be grand jury.

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If someone is in custody for one charge and you want to charge them with something else then you have to file an arrest warrant and then serve them in jail. Until that happens, they are not in custody for that new offense. Hence the "capias issued". He's not yet been served.
 
  • #116
wes.jpg
 
  • #117
All the charges have changed to show the 7/8/15 trial date now. How did that happen before Grand Jury?
 
  • #118
  • #119
All the charges have changed to show the 7/8/15 trial date now. How did that happen before Grand Jury?

I wonder if he waived his right to his grand jury. Defendants can do that in Virginia. 99% of the time when a charge is certified to a grand Jury, they choose to indict.

Or I wonder if this is where the plea bargain starts.
 
  • #120

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