Burglary, Arson, Home Invasion burglary charge "intent"

[jethro614]

Jurisdiction

Washington

hello, i was trespassed from a retail store about 6 months ago. however, i fill my prescriptions at the pharmacy of that store, as i have a family member pick them up. about 2 weeks ago, i entered the store to pick up a filled prescription at the pharmacy (family members out of country on vacation). i was subsequently captured on video holding a retail item, after it had been removed from its packaging. on the video , i turn out of view of the camera while holding said item and leave the aisle, then eventually the store. about 10 minutes later, i was detained and subsequently arrested and charged with burglary 2nd and theft 3rd. a search warrant was executed on the vehicle i was driving (owned by my parents, i did not consent to search). two of the item were found in the vehicle, out of package.


is the prescription in the pharmacy enough to disprove intent of burglary. is the video evidence and later items in vehicle i was driving enough to convict me of said charges?

 

[adjusterjack]

is the prescription in the pharmacy enough to disprove intent of burglary.

No. Your actions prove your intent.

is the video evidence

Yes.

and later items in vehicle i was driving enough to convict me of said charges?

Yes.

i did not consent to search

You didn't have to. They had a warrant. And likely probable cause to get one.

Get a lawyer.

And, by the way, you have just confessed to your crimes on a public forum that the prosecutor might find with a simple internet search.

 

[jethro614]

what crimes did i confess to?

 

[adjusterjack]

i was subsequently captured on video holding a retail item, after it had been removed from its packaging. on the video , i turn out of view of the camera while holding said item and leave the aisle, then eventually the store. about 10 minutes later,

That^

 

[justblue]

sigh...

This thread is the sad result of dropping your kid on the head when they are babies.

 

[adjusterjack]

Or taking illicit drugs while pregnant.

 

[justblue]

Or taking illicit drugs while pregnant.

Yup. That could be it as well.

 

[zddoodah]

i was trespassed from a retail store about 6 months ago.

I assume this means that you were asked never to return to the store.

is the prescription in the pharmacy enough to disprove intent of burglary.

Per RCW 9A.52.030(1), "[a] person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building other than a vehicle or a dwelling."

According to what you wrote, there is no question that you entered the store unlawfully. It also appears pretty clear that you stole property, and that's likely to be sufficient for the prosecution to meet its initial burden of proof.

It sounds like you want to argue that you didn't form the intent to steal until after you got into the store and, therefore, did not enter the store "with intent to commit a crime." That's going to require that you testify, and we have no way of assessing whether you might appear credible to a jury. Of course, I'm going to guess that the reason why you were previously banned from the store was because of theft. If I'm right about that, that could come into evidence and impact your credibility.

If my assumptions above are generally correct, you'd be well-advised to confer with a local criminal defense attorney. When you do so, make sure you let him/her know that you've posted about this matter in a public forum.

And then...FIND A NEW PHARMACY!

 

[EeeeekitsaMouse]

Where did those items that were taken out of the package (I assume by you) go if you did not take them? And how did the exact same items that were out of the package in the store wind up in your car? Did you pick up your prescription at this time?

 

[Zigner]

I think the OP is trying to beat the burglary charge based on his intent for entering the store was not to burglarize the store. I don't think he's gonna have much luck, because he had no other legal reason to be in the store, despite his claim that he was picking up a prescription. He knew he wasn't legally allowed to be there.

 

[zddoodah]

I'll bet a dollar that any reasonably competent defense attorney would see this set of facts and try to negotiate a plea bargain pursuant to which the OP pleads guilty to the misdemeanor theft charge (theft in the third degree under RCW 9A.56.050), with the felony burglary charge being dropped.