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What can I charge D with?

Defendant evades police, crashes his car, abandons car, breaks into empty house to hide from the police out looking for him. Home owners come home, see his jacket, see some eaten food, and leave to get the police. Police find D pretending to be asleep in a locked bedroom.

I know D can be charged with evading arrest. My question is whether there is something other than criminal trespass he can be charged with for breaking into the house.

Any ideas?
 
Posts: 31 | Location: Dallas County | Registered: March 13, 2001Reply With QuoteReport This Post
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Add bears and porridge and you have Goldilocks.
 
Posts: 27 | Location: Georgetown, Texas | Registered: March 13, 2001Reply With QuoteReport This Post
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He enter the habitation and committed theft(ate the food) sounds like burglary to me.
 
Posts: 106 | Registered: January 29, 2003Reply With QuoteReport This Post
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Allege a deadly weapon (the motor vehicle) when you file the evading arrest charge so he will have to serve one-half calendar time. Depending on the length of his sentence, he may serve a longer sentence on the evading than the burglary.

[This message was edited by Ken Sparks on 08-25-04 at .]
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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Without a doubt you can charge him with burglary of a habitation.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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