Thursday, December 24, 2020

Victim Charged After Chasing Out Burglar

 Questions answered by Jay K. Nixon - Avvo

What can I do when my residence is broken into and vandalized, then attacked

A person broke into my house and vandalized it. He then hid in waiting, appearing minutes later from upstairs. A fight ensued and the attacker was thrown out of the house. The police were called and took poorly written statements. I was charged with disorderly conduct! I'm the victim.

Jay’s Answer (Nixon Law Offices, Kenosha & Janesville, WI)

Your explanation gives us no background; don't know if this person was a family member, a relative, stranger or long-term rival, each of which would lead to much different handing by the authorities.  You don’t say if he was also charged with something more serious, like attempting to murder you but either way, your rights will not enforce themselves. Instead, if you don't like being charged, you need to assert your right by asking for a jury trial, with the help of someone who knows how to navigate the court system. If you simply plead guilty, you will have no basis to complain about the outcome later and it will become a part of your permanent record. Either way, posting details online at this early stage, is a very bad idea, since it is sure to be used against you later if you do have a trial, or even at your sentencing if you are ever convicted. Therefore, what you should do is retain a lawyer, and then relate the whole story (and not just the "tip of the iceberg" version that you've given us here) in the privacy of a law office, and afterwards go over options, together with odds for success of each, in the opinion of your well-seasoned trial lawyer; so you can make an informed decision and not some by the seat of your pants while you are angry. Either way, we all wish you the best of luck.

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