AboutJack Toomey Expertise Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court.
Retired police officer with 26 years experience. Worked in the patrol
division as well as over 14 years in the detective bureau. Investigated a
wide range of crime such as murder, rape, robbery, theft, fraud, missing
persons, and other very sensitive crimes. I am available to answer your
questions about criminal law and especially as it applies to police work. I
taught at the police academy for several years and am especially
knowledgeable about search and seizure. Any question about criminal law is
welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, mising persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials Bachelor of Science degree in Criminolgy from the University of Maryland.
Expert: Jack Toomey Date: 6/22/2008 Subject: Burglary charges
Question Hi i am writing in relation to burglary charges bought against my brother in the Hastings district. I will start from the beginning. The police were looking for a person that was seen trying to steal a mototrbike and ended up at an address that they believed he had been seen going into or was told he had come from there. When searching for this person all they they uncovered was a lot of stolen property and arrested the only occupant that was at the house. She is currently waiting to appear in court charged with recieving stolen property and has indicated to her lawyer who had bought the stolen property to the house which was the person who the police were looking for on the night they searched the house. This is the girlfriend of my brother so he had been staying a few nights of the week with her but didnt live there. In the mean time they have arrested my brother and charged him with burglary x6 because they found a dairy with his name on it at the house and i think some fingerprints on the stolen property. I thought that burglary means a person who enters a house to commit theft, so my question is why can he be charged with burglary when he was not found at any of the addressess the stolen property were taken or connected in any way to the addressess or had been fround with any of the stolen property himself?
Answer Vana,
I have no idea where the "Hastings district" is or even if it is in the United States.
Secondly there are fifty states in this country and every single one has its own laws. But if this scenario had played out in my state your brother could easily be charged with burglary because the law says that a person who is found to be in possession of the stolen goods is presumed to be the thief and at trial it is up to the defendant to convince the jury that he is not the burglar. In my state if your brothers fingerprints were found on the stolen property that had been taken in a burglary then there would be no question that he would be arrested and charged with burglary.
Now remember this applies to MY state only and not necessarily to YOUR state.
