Orlando Burglary Of A Dwelling Defense Lawyer
If you have been charged with burglary of a dwelling in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your burglary of a dwelling charge dismissed or reduced. One way to get your burglary of a dwelling charge dismissed is by completing a Pre-Trial Diversion program. Not every burglary of a dwelling case is eligible for a Pre-Trial Diversion program.
Former Burglary Prosecutor
As a former burglary prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando burglary case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your burglary case.
Orlando Burglary Of A Dwelling Defense Lawyer Since 1999
Chris has been defending individuals in Orlando charged with burglary of a dwelling since 1999. Being an Orlando burglary of a dwelling defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle burglary of a dwelling cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your burglary of a dwelling case.
Different Orlando Burglary Defense Lawyers Get Different Results
When you have been charged with burglary of a dwelling in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A burglary of a dwelling conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Information About Orlando Burglary Charges
There are many different types of burglary charges. The most common types of burglary charges prosecuted in Orlando are burglary of a conveyance (car), burglary of a structure (business), burglary of a dwelling (house) and possession of burglary tools (bolt cutters, pry bars, etc.) charges.
Burglary Of A Dwelling
It is unlawful to enter or remain in a dwelling with the intent to commit an offense therein, unless the premises are at the time open to the public or the person is licensed or invited to enter. Dwelling means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. Burglary of a dwelling is a second-degree felony punishable by a maximum of 15 years in prison and/or 15 years probation and/or a $10,000 fine.
(1) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida Statute 810.02 and Florida Statute 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
(2) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida Statute 810.02 and Florida Statute 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
(3) “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida Statute 810.02 and Florida Statute810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.
(4) An act is committed “in the course of committing” if it occurs in an attempt to commit the offense or in flight after the attempt or commission.
(5)(a) “Posted land” is that land upon which:
1. Signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words “no trespassing” and in addition thereto the name of the owner, lessee, or occupant of said land. Said signs shall be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line; or
2.a. Conspicuous no trespassing notice is painted on trees or posts on the property, provided that the notice is:
(I) Painted in an international orange color and displaying the stenciled words “No Trespassing” in letters no less than 2 inches high and 1 inch wide either vertically or horizontally;
(II) Placed so that the bottom of the painted notice is not less than 3 feet from the ground or more than 5 feet from the ground; and
(III) Placed at locations that are readily visible to any person approaching the property and no more than 500 feet apart on agricultural land.
b. Beginning October 1, 2007, when a landowner uses the painted no trespassing posting to identify a “no trespassing” area, those painted notices shall be accompanied by signs complying with subparagraph 1. and placed conspicuously at all places where entry to the property is normally expected or known to occur.
(b) It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling house in order to obtain the benefits of Florida Statute 810.09 and Florida Statute 810.12 pertaining to trespass on enclosed lands.
(6) “Fenced land” is that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least 3 feet in height. For the purpose of this chapter, it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water.
(7) Where lands are posted, cultivated, or fenced as described herein, then said lands, for the purpose of this chapter, shall be considered as enclosed and posted.
(8) “Construction site” means any property upon which there is construction that is subject to building permit posting requirements.
(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is evidence of entering with intent to commit an offense.
(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is evidence of attempting to enter with intent to commit an offense.
Completed Entry Is Not Required
The entry necessary to sustain a conviction for burglary need not be the whole body of the Defendant. It is sufficient if the Defendant extends any part of the body far enough into the dwelling, structure or conveyance to commit a crime therein.
Possession Of Stolen Property
Proof of possession by an accused of property recently stolen by means of a burglary, unless satisfactorily explained, may justify a conviction of burglary if the circumstances of the burglary and of the possession of the stolen property convince you beyond a reasonable doubt that the defendant committed the burglary.
In order for the State of Florida to prove you committed the crime of burglary, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:
- Were there any witnesses to the incident and if so did they provide a statement?
- If you entered without permission is there any evidence you intended to commit an offense therein?
- Is there any evidence of your presence such as fingerprints?
The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination. In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer. It is important for you to know if your privilege against self-incrimination was violated. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you questioned by a law enforcement officer after you were arrested?
- Did you make any statements that are harmful to your case?
- Were you read your Miranda rights?
1. Intent to enter
2. Intent to commit a crime therein
Even if an unlawful entry to the dwelling, structure or conveyance is proved if the evidence does not establish that it was done to commit a crime therein then the Defendant must be found not guilty of burglary.
4. Open to the Public
5. Actual communication to leave
6. Authority to give actual communication to leave
7. Identity (Mistake or lack of proof)
In Orange County, Florida there are two pretrial diversion programs for burglary charges.
Felony pretrial diversion and drug court. Each program has its own specific eligibility requirements.
Orange County Felony Pretrial Diversion Program For Burglary
If you successfully complete the Orange County Pretrial Diversion Program the charge(s) you were placed in the program for will be dismissed.
This a 12 month long program with the following requirements:
1.) You must refrain from violation of any federal, state or local law. If you are arrested or charged with a crime while in the pretrial diversion program, you are subject to automatic revocation whether the crime occurred before or after the signing of the pretrial diversion contract.
2.) You must associate only with law abiding persons.
3.) You must work regularly at a lawful occupation; or pursue a course of studies as a full-time student, or both. Employment must be verified by documentation only within the first 30 days of supervision. Thereafter, employment verification shall be made every other month.
4.) You must take an active part in counseling and attend all scheduled appointments. You must participate in and be responsible for program costs of any referrals your pretrial diversion officer recommends. Referrals may include, but are not limited to participation in drug/alcohol counseling, a mental health evaluation, urine screenings, General Equivalency Diploma (GED) and English for Speakers of Other Languages (ESOL).
5.) You must immediately inform the Pretrial Diversion Program of any anticipated or unanticipated change in your residence or your employment. It is your obligation to notify the Pretrial Diversion Program of any change in your address and to comply with residence verification instructions. Should it be determined that you have moved from your reported residence or changed employment, without notice to the Pretrial Diversion Program, and are no longer able to be contacted through your reported mailing address, you are subject to automatic revocation. If you have been arrested in this case, you must also notify the Clerk of the Court for Orange County, Florida, preferably in writing, of your address change. No Out-of-Country Travel will be approved while participating in the Pretrial Diversion Program. All Notices, summonses, or other mail will be sent to your current address. If you fail to appear in court due to paperwork being sent to an old address, a warrant may be issued for your arrest, and you may be revoked from the Pretrial Diversion Program.
6.) You will promptly and truthfully answer all questions directed to you by your Pretrial Diversion Program Officer.
7.) You must pay a Cost of Supervision fee of $20.00 a month to the State of Florida as required by Florida Statute Section 948.08 unless otherwise exempted in compliance with the Florida Statutes. All monies collected by the Florida Department of Corrections will be subject to a 4% surcharge. There will be a one-time drug testing fee of $30.00.
8.) You will complete 100 hours of Alternative Community Service (ACS). ACS and all sanctions must be completed sixty days prior to the expiration of this contract or sixty days prior to any subsequent expiration date resulting from an extension or as determined by a Review Board Panel.
9.) Once the Defendant has satisfied all sanctions, early termination is acceptable.
10.) You must pay a $100.00 non-refundable cost of prosecution fee to the State of Florida within 60 days as required by Florida Statute Section 938.27.
11.) Charge specific special conditions.
12.) You will also submit to random urine screenings for drugs. Any drug test with a positive result is a violation of the Pretrial Diversion Program Agreement, and may result in additional consequences or revocation from the Pretrial Diversion Program.
In order to be eligible for the Pretrial Diversion Program you must have no criminal history (arrests, convictions, or cases in which adjudication of guilt has been withheld, whether as a juvenile or adult), or if you have a prior criminal history, you must disclose it to the Pretrial Diversion Program. If it is found that you not been fully candid on this issue, you are subject to revocation from the Pretrial Diversion Program.
If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation.
- Your officer may extend the period of diversion to a term not to exceed 3 months from the date of the Pretrial Diversion Program Contract, or
- The Review Board may add additional special conditions or otherwise modify this contract, or
- Revoke the Pretrial Diversion Program contract and the State Attorney will prosecute you for this offense.A Review Board comprised of an Assistant State Attorney and a representative of the Florida Department of Corrections, Pretrial Diversion Program, has been established for the purpose of reviewing any proposed revocation or modification of your Pretrial Diversion Program Contract. Your Pretrial Diversion Officer will attend this hearing. Modification of your Pretrial Diversion Program Contract may occur if you agree to the modification, by Review Board decision. At Review Board Hearings, evidence establishing violations of conditions of the Pretrial Diversion Program Contract will be heard. You will be given notice of this hearing and may attend and present any evidence you have in your defense and/or any evidence you have to establish matters in mitigation. Failure to appear will result in automatic revocation from the Pretrial Diversion Program. The Review Board, after hearing and considering all evidence, will render a decision in writing, citing the reasons for that decision. All members of the Review Board must agree to revocation or modification. In its written decision, the Review Board will state whether it has decided to revoked the Pretrial Diversion Program Contract or allow the Defendant to continue in the Pretrial Diversion Program. If the agreement is modified, the modifications made by the Review Board will be stated. If you are revoked from the Pretrial diversion Program, you will be prosecuted for the original criminal violation. The Defendant is bound by the decision of the Review Board. The Pretrial Diversion Contract is an agreement that is a deferral of prosecution. If the terms of the agreement are met, the initial charge will be dropped and the State of Florida will be barred from prosecution. If the terms of the agreement are violated, prosecution concerning any charge will proceed.
Orange County Drug Court Program
If you successfully complete the Orange County Drug Court Program the charge(s) you were placed in the program for will be dismissed.
In order to be accepted into the Orange County Drug Court Program the person:
1.) Must live in Orange County, Florida (if you do not live in Orange County, Florida you may be able to participate in the a drug court program if your county of residence is in Florida and they accept drug court program transfers and you otherwise qualify for a drug court program)
2.) Must have a serious drug problem needing treatment
3.) Must be a non-violent offender
4.) Must have no prior felony convictions for Diversion Track only
5.) Must be charged with:
(A) Third Degree Felony Possession Of Illegal Drugs, except a person charged with Possession of Illegal Drugs With The Intent to Sell Or Deliver Illegal Drugs is not eligible for the program
(B) Purchase Of Illegal Drugs
(C) Obtaining Prescription Drugs By Fraud
(D) Must be charged with any other non-violent third degree felony charge for VOP and Post Plea track only
General Orange County Drug Court Program Requirements:
- It is in Defendant’s best interest to participate in Drug Court. The Defendant understands that if they violate the terms of drug court they could be rearrested, returned to their previous status, required to post a bond, be released on their own recognizance, be held in jail until their next court date or discharge from the program at the Judge’s sole discretion.
- Defendant has a substance abuse problem and is choosing to participate in the Orange County Drug Court Program. The Defendant understands that the opportunity to participate in the Orange County Drug Court Program is a privilege, not an entitlement.
- Defendant must freely and voluntarily waive their right to a speedy trial.
- Defendant shall participate in the Orange County Drug Court Program for a minimum period of 7 months and a maximum period of 3 years.
- Defendant agrees to fully participate in the outpatient substance abuse treatment program, which involves 3 treatment phases. Advancement to a higher phase will be conditional upon approval of the Judge based on information provided by the Orange County Drug Court Team.
- 7 months minimum, 3 years maximum
- 3 phases plus aftercare (the first 3 phases are 60 days each and aftercare is 30 days)
Outpatient Treatment Requirements:
Phase 1 Treatment (60 Days Minimum) Consist Of:
- 3 group sessions per week
- 1 approved self-help meeting per week
- 6 individual counseling sessions during Phase 1
- Bi-weekly meetings with the judge
- Random Urinalysis
- 30 consecutive days being substance-free to be phase-up eligible
Phase 2 Treatment (60 Days Minimum) Consist Of:
- 2 group sessions per week
- 2 approved self-help meetings per week
- 4 individual counseling sessions during Phase 2
- Bi-weekly meetings with the judge
- Random Urinalysis
- 30 consecutive days being substance-free to be phase-up eligible
Phase 3 Treatment (60 Days Minimum) Consist Of:
- 1 group session per week
- 3 approved self-help meetings per week
- 3 individual counseling sessions during Phase 3
- Monthly meetings with the judge
- Random Urinalysis
- 30 consecutive days being substance-free to be phase-up eligible
Aftercare Treatment (30 Days) Consist Of:
- 1 group session per week
- Facilitate group discussion
- Random urinalysis
- Monthly meeting with the judge
- Random Urinalysis
- 0 consecutive days being substance-free to be eligible for program completion
6.) Defendant agrees to complete the diagnostic treatment evaluation and complete an individualized treatment plan.
7.) Defendant will be supervised by their assigned treatment provider case manager and/or the Department of Corrections.
8.) Defendant agrees to sign any and all releases required in order to allow their physical and/or mental health information to be released and/or Orange County Drug Court Program personnel, the Court, and any other people necessary for successful completion of the Orange County Drug Program. This information is for Orange County Drug Court Program use only.
9.) Defendant will not change their residence, employment or leave Orange County, Florida without first obtaining permission from their treatment provider and/or supervising authority.
10.) Defendant shall appear in open court, when and as ordered by the Court and upon proper notification at Defendant’s last known address. Failure to appear in court shall constitute a violation of the Orange County Drug Court Program. Defendant acknowledges that they may be terminated from the Orange County Drug Court Program and the original prosecution reinstated if the Defendant fails to appear for a court date.
11.) Defendant will not use or possess any illegal substances, alcohol or controlled substances (including over the counter medications) without a proper prescription. If the Defendant has a prescription, all new and refilled prescriptions must be provided to the treatment provider in advance of the Defendant taking the prescribed medication when possible.
12.) Defendant will not own, have in their possession, or attempt to purchase a firearm or weapon while participating in the Orange County Drug Court Program.
13.) Defendant will not enter any establishment whose primary purpose is to sell alcoholic beverages unless it is for approved employment or other necessary purposes and permission has been granted in advance by the Defendant’s treatment provider.
14.) Defendant will associate only with law-abiding persons and will not socialize or live with any other program participants.
15.) Defendant shall submit to physical and/or psychological examinations if ordered by their probation officer/treatment provider and obtain/maintain counseling or treatment if such is deemed necessary by the officer/provider. Defendant will pay these treatment costs.
16.) Defendant agrees to attend self-help meetings such as Narcotics Anonymous or Alcoholics Anonymous as required by their treatment plan.
17.) Defendant agrees to contact their probation officer/treatment provider in advance, if possible, if Defendant is going to be late or miss a scheduled session.
18.) Defendant shall attend school or work regularly at a lawful occupation and shall participate in such other programs for evaluation or treatment as established for them by their probation officer/treatment provider. Defendant shall pay the cost of said programs and/or evaluations. Defendant shall immediately inform their treatment provider or other supervising authority of any change relating to employment, education, or treatment activities.
19.) Defendant shall truthfully answer all inquiries and shall follow all instructions from their probation officer/treatment provider and hereby grants permission for the officer/treatment provider to visit Defendant’s home, place of employment, school, or other location for the purpose of providing adequate supervision.
20.) Defendant agrees to submit to frequent and random drug testing. Defendant understands that if they refuse to be tested, misses a test, or fails to provide a urine sample that test will count as a positive (dirty) urine test. A positive urine test may result I further sanctions such as more intensive treatment, inpatient treatment, increased meetings, community service, jail time, or discharge from the program. If the Defendant wishes to challenge the validity of a positive urine test, the Defendant shall pay all costs associated with said challenge through their treatment provider.
21.) Defendant can expect to receive incentives when doing well in the Orange County Drug Court Program.
22.) Defendant agrees that as a condition of acceptance into the Orange County Drug Court Program, that in the event of noncompliance with the Orange County Drug Court Program conditions (including but not limited to failure to attend required appointments or counseling, positive urinalysis or failure to show progress in treatment), Defendant freely and voluntarily waives the right to an arraignment hearing, the right to a reading of the Information and consents to the immediate imposition by the Judge of interim legal consequences and immediate sanctions including incarceration. The Court has absolute discretion as to which sanctions, f any, will be imposed for violating their Orange County Drug Court Program agreement.
23.) Defendant agrees that they may be searched or subject to seizure without the requirements of probable cause or a search warrant at any time during their Orange County Drug Court Program participation.
24.) Defendant may be required to pay $900.00 to the Orange County Drug Court.
25.) Defendant shall pay $3.00 as a co-payment at each treatment visit to be paid to the treatment provider.
26.) Defendant shall successfully complete the Orange County Drug Court Program consisting of screening, evaluation, counseling and multiple random urine screens. Defendant shall obey all Orange County Drug Court Program rules and regulations and all treatment provider rules and regulations.
27.) The Office of the State Attorney for Orange County, Florida agrees that should the Defendant successfully fulfill the terms and conditions of their Orange County Drug Court Program diversion track agreement, such success to be determined the State Attorney, the offense(s) for which the Defendant entered the Orange County Drug Court Program will be dismissed. The State Attorney may determine that the Defendant is not in compliance with the Orange County Drug Court Program diversion track agreement and if so may at any time, prosecute the Defendant for the offense(s).
Orlando Burglary Penalties
A conviction for burglary can result in many different penalties in addition to being a convicted felon. It is important for you to now what penalties you may be facing. Some of the penalties for a burglary may include:
- Community Service
- Cost of Investigation
- Cost of Prosecution
- Court Costs
*Program costs and fees subject to change without notice*