本人被控入屋犯法罪,急!被控今年二月,作為入屋者,在單位內偷取,一裝有白開水的交樽,價值$12,事發經過,我住在十樓單位,半夜聽到屋外有聲音,看防盜眼,見到三名男子,怕起來,便由窗口,扒落六樓某單位,枝持不住,便由窗入了屋,好口渴,拿了樽水,便離開,有案低不是同類八年前,認定不認?

2016-11-04 8:31 pm

回答 (3)

2016-11-05 2:00 am
證據會說話只要你說就是對你有利
2016-11-05 8:01 am
樓主自述犯案過程,確實難以令人相信,有編故事之嫌;為求自保,都是儘快尋求法律意見吧!
2016-11-05 5:51 am
At all times, you should seek professional legal advice.

The fact that you entered another person's home and drank a bottled water constitutes burglary. There were 2 potential mitigating factors:

1. The valued involved

It is obvious that there was no intent for burglary based on the value. If a person is truly intended to burglarize a home, $12 would not be the value taken (unless there was nothing there).

2. No intent

It is justifiable to take measures as necessary to avoid life-threatening danger. However, in this case, the danger posed may not be life-threatening.

Bottom line - the fact supports a guilty verdict.

But the key is the sentencing. Burglary usually allows imprisonment automatically given the severity of the crime. The question is how long. In this case, the act was stupid and the mitigating factors are lame. It does not mean it is valid.

If I was in your situation, I would not plea guilty unless a plea bargain agreement has been reached for the sentencing. It could mean that you may have to hire a lawyer outside, even a duty lawyer may be available.

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