4 Ways Circumstantial Evidence Can be Used in Texas Burglary Charges
Police often file Texas Burglary charges when they have only circumstantial evidence. In fact it is rare when the police actually arrest a suspect at the scene of a burglary so most burglary cases are a based on circumstantial evidence. Whether the circumstantial evidence is strong enough to obtain a conviction is based entirely on the facts of each case. The following are 4 examples of fact situation the Texas courts have ruled are sufficient evidence to support a burglary conviction:
1. Fleeing the scene. The defendant fled from the scene of the crime with a person known to be involved in the burglary.
2. Fingerprints left at the scene. Fingerprints left at the scene can be sufficient to convict if the prints are left in an area that could have only been made at the time of the burglary.
3. Caught in the process of breaking in at night. even though the person did not enter the building the fact that it was at night makes it a presumption under the law that the break in was with intent to commit theft.
4. Suspect near crime scene in possession of stolen property. It isn’t necessary for the police to apprehend the suspect in the house or building.
Each fact situation is different and an experienced Dallas Burglary Attorney can advise you of all possible defense to Texas Burglary charges. If you find your self charged with any type of Burglary offense consult with a criminal lawyer before speaking to law enforcement.