Can B&E be dismissed before court date?

Question

My boyfriend got arrested for 3 things the other day, 2 of those things had B&E on them. I know for a fact that it is false cause he has all right & permission to go where he went. How do I go about getting them charges dropped. The place is on my land & my landlord is my aunt. We are going to the court house soon to try and settle this but I would like to know what all can I do to get these charges dropped since they are false charges.

Answer 1

The prosecutor determines what charges to file, NOT the police.  I would contact the police and also your local DA's office.  Permission is a defense to breaking and entering as you can you cannot be criminally liable for breaking and entering into property you have permissive use of.  But who called the police?  That person needs to set the record straight, as well.

Answer 2

Notify the police department who charged him, and make sure your aunt does too. They can contact the court and have the charges dropped. You'll have better luck dealing with the police then with the courts directly, after all, its the police who are pressing the charges.

Answer 3

I hesitate to give an opinion as ' the place that he went ' is pretty vague and what is the third arrest for ?

** edit**  B& E (or Burglary or housebreaking)  does not mean kicking in the door. It means entry into a building to commit a crime.  You can walk right in an open door and stll be charged with burglary.  You don't have 'every right to be there' exactly if while you are there you are taking things that don't belong to you.  For example if he picked the items up off he lawn it would be larceny.  The fact that he went inside to do it adds the additional burglary charge.

good luck

Answer 4

You'd have a defense if he were charged with mere trespassing.  Permission to be on the property is a defense to trespassing.  But he's charged with burglary/breaking and entering.  That means that he was on the premises to commit a crime, which you acknowledge happened.  The charges are properly burglary and larceny.