Kit Carson, CO Criminal Defense Law Firms & Lawyers

In most states, burglary or breaking and entering do not require you to actual "break-in." The law allows a burglary charge if you walk in to a home with the intent to commit a felony or theft. Here, you walked-in and took something that was not yours (theft). Typically, it is not a defense that you did not think anyone lived in the home and/or if all of the doors and windows were gone. As for the theft charges- in Colorado, felony theft is dependent on the amount of the items taken. If the amount is over $1,000; then it would be a felony. If the other person cannot determine their property and/or value of the property taken could be a way to get the charges reduced for the theft case, assuming that you do not have any prior convictions.

I suggest that you contact and retain an attorney. The most important thing is to try and prevent a conviction. If you get convicted, then if asked on an employment application if you have ever been convicted, you will have to say "yes". Also, if you are still in school and getting any scholarship, grants, student loans or government grants or loans, you could be disqualified from all of these. Being charged (and possibly convicted) of theft does not bode well with future employers, especially in your field, as an employed could be concerned about future theft of monies from work, or worse, theft of medications. With the economy being what it is and so few jobs out there, a theft could be enough to disqualify you from future jobs. Hire an attorney who may be able to help you get some amicable resolution short of a conviction.

Your question is a very good one. However, the courts have consistently upheld habitual criminal laws against challenges based upon one's constitutional right to be placed in jeopardy twice for the same offense ("double jeopardy"). The courts' reasoning is that the prior offenses alter the status, the nature and circumstances of the offender who comes before the court again. after re-offending. The punishment can be enhanced for the person's new offense, because he committed it while having the "status" of a two time or three time prior convicted felon. Many types of infringements on liberties occur once a person has suffered a felony conviction: such as loss of gun rights, loss of the ability to have certain licenses and jobs, and hold office, If a person commits another offense while still being supervised for the first one, the sentence for the second offense is aggravated. If a person commits a crime after having a prior felony at any time, the court can look at the prior felony conviction to give that person more time. The courts have circumvented the double jeopardy problems of enhancing sentences for prior offenders by saying he's being[ punished for the instant offense only, but his status as a prior offender changes what punishment he may receive.