How to Find Information on Prosecution for Burglary

Prosecution for burglary involves a long, complex process. Follow these steps to learn how it works.

Instructions

osecution Process for Burglary

1. Familiarize yourself with the main elements of the prosecution process. Following the investigation and arrest, criminal charges are filed against the suspect by the police. A formal complaint is also filed with the court system.

2. In most parts of the United States, burglary is considered a felony. With a felony charge, the accused must make a "first appearance" in court. During this appearance, a bail amount may be set and the dates of the pretrial hearing and trial will be determined. A public defender will be appointed for the accused if he or she can't afford a private one.

3. Attend the pretrial hearing. During this phase, the judge decides whether there's enough evidence for the case to proceed. If not, the case is dismissed. The defendant has the option to plead guilty or not guilty at this time. In the case of a guilty plea, the defendant moves on to the sentencing phase. Otherwise, a trial is held.

4. Attend the trial. During this phase, both sides will argue their cases, witnesses will testify and a jury will determine the defendant's guilt. In the case of a guilty verdict, the next phase is the pre-sentencing investigation, or PSI.

5. Expect to be contacted by the person conducting the PSI investigation. During this phase, the investigator will try to learn as much as possible about the defendant's background and the crime, including interviewing the victim.

6. Arrive at court for sentencing. Now that the judge has examined all the relevant evidence in the case, he or she will determine the punishment. The sentence must fall within the bounds of the maximum prison time and/or fine provided for state laws.

7. Gather information about resources for crime victims from the National Organization for Victim Assistance (see Resources below). You can speak with a representative by calling their toll-free number at [phone].

8. Find in-depth information on the prosecution process for burglary by reading the criminal procedure code for your home state. You can find links to this code for all 50 states at the Cornell University Law School Web site (see Resources below).

Tips & Warnings

• Speak with the prosecuting attorney for all questions concerning your case and its progress.

• You have the right to be heard during a public proceeding that involves sentencing, a plea bargain or possible release of the burglary suspect.

• Technically, burglary is also called breaking and entering and is a separate crime from any theft, vandalism or other crimes committed while the burglar was inside your property.

• Visit the Web site for Crime Victims Services (see Resources below) to learn more about your rights as a crime victim.

• The burglary prosecution process could take upward of six months, depending on where you live and how clogged the court system is in your area.