Some help guys

[arcadius90]

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[Eagle]

Regarding the attempt charge - attempt requires (1) a specific intent to bring about a criminal result and (2) a SIGNIFICANT OVERT ACT in furtherance of that intent.

Basically, there must be evicence that you really did something in furtherance of commiting a burglary other than just "looking suspicious" or possess certain tools. It is not a crime to walk down the street with a screwdriver and a wrench. Did the cop write anything on the summons regarding his observations?

As to the "burglars tools" charge, this is just some extra bullshit charge to throw at you. Did you just have a screw driver in you or did you have a master lock-picking kit on you?

They must prove everything against you beyond a reasonable doubt. This is a high standard of proof and not always easy to do.

Are there any facts that you left out? Let us know.

[arcadius90]

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[Eagle]

Well, if that is the case than any prosecutor with half a brain would drop the charges against you. However, the cop may lie so you have to be prepared for this.

I would not plead guilty to anything in your situation. However, you should spend some money on a lawyer unless you know all the rules of evidence and how to conduct a trial.

Did the cop write anything on the summons as to his observations?

[arcadius90]

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[arcadius90]

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[Eagle]

Look, if what you told me is true than don't plead guilty to anything! If you plead not guilty then the cop will have to get off his fat ass and go to court and wait around to testify. Do you think he wants to go through that? And if you get a halfway decent lawyer he will change the venue to a different court in a different town so the cop will have to drive far to get there. You think the average over-paid lazy NJ cop wants to go through that crap? No way, he wants you to fold like a cheap tent & plead guilty.

[duiattorneytab]

What ever happened to this? How did it go?