Evaluate Each Part of the Burglary Allegation.
- Burglary charges involving homes or businesses
- Disputed entry, permission, or notice
- Alleged intent and conduct inside a building
- Identification and surveillance evidence
- Related theft, assault, or weapons allegations
- Searches and recovered-property evidence
Read the Charge Before Drawing Conclusions
Minnesota burglary provisions distinguish among different circumstances, locations, and alleged conduct. The charging document should identify the theory the State intends to prove. Rob reviews that theory and the applicable requirements before assessing the available defense.
Examine Entry, Permission, and Any Prior Notice
The use of the building, who had authority to allow access, the circumstances of entry, and any earlier notice may be relevant. Messages, access records, recordings, and witness accounts can help explain those facts. The significance of permission depends on the provision charged and the full circumstances.
Test the Alleged Intent or Crime
The prosecution’s theory may concern an alleged purpose on entry or conduct said to have occurred inside. Rob examines the evidence supporting that part of the case and any related offense. A disputed theft, assault, or identification issue may require its own focused investigation.
Prepare for the Broader Decisions
A burglary case can involve search issues, release conditions, negotiations, and trial preparation. Rob explains the relevant evidence, potential approaches, and consequences before major decisions are made. The consultation also addresses the proposed scope of work and fees.
Questions About Burglary
Does Burglary Always Require Breaking in or Taking Property?
The statute addresses several situations and does not reduce to those two facts. The type of entry, the alleged conduct, and the particular provision must be reviewed.
What If the Building Was Open to the Public?
That fact matters, but it does not by itself resolve every burglary provision. Prior notices, the charge, and the conduct alleged also need examination.
Can Burglary and Theft Charges Be Defended Together?
Yes. The related allegations should be assessed together while recognizing that each offense has its own requirements. Provide all charging papers and any search or property documents.
Relevant Minnesota Law
Discuss your goals and the next steps in a free initial consultation with Rob Doar.