A Review of a Burglary Defense Matter
From Houston Defense Lawyer Jack B. Carroll’s Case files…
My client worked as a janitor at a school across the street from the home he was accused of burglarizing. He was 19 years old, working full time to support his parents while simultaneously maintaining his attendance in college. The victims (complainants) as well as my client, worked at the school.
The complainants, husband and wife, told the police that they drove into their driveway at 10:00 p.m., got out of their large and old Cadillac, closed their car doors, saw a light in the house and snuck up to the window and watched a young man, for a minute or so, burgle their house.
They claimed to have not recognized him.
A few days later my client was innocently mopping a floor in one of the school hallways when one of the female school teachers thought she recognized him.
My client was charged and indicted with burglary of a habitation, a second degree felony with a punishment range of 2 to 20 years in prison. The husband and wife showed at every court setting, haranguing the prosecutor, and looking for blood.
This can be a good thing because pains in ass complainants irritate the prosecutor and also send a signal to both prosecutor and defense attorney that they might have other issues. My client said they were crazy and that he was innocent.
I set the burglary case for trial
I visited the scene of the crime while the complainants were away; took pictures and had my videographer record footage of the crime scene.
At trial, both complainant’s testified that they opened their gate, shut their car doors, and then noticed the light and a shadow in the house.
On cross-examination I played the tape of the scene and photos that I had taken. The video portrayed a large heavy gate that had to be opened manually and a driveway that was less than two feet from the window.
Only a deaf person wouldn’t have heard the commotion.
My client wasn’t deaf.
During the trial, the prosecutor objected every time I opened my mouth and the trial judge sustained the objections. I had to ask the same question over, and over again, to get my point across. I got hot, and acted unprofessionally and the Judge of the 338th district court, held me in contempt 3 times. The jury finished deliberating in less than 10 minutes finding my client not guilty.
The contempt allegations against me were dropped.
CASE RESULT: Not Guilty
Houston Defense Attorney Jack B. Carroll…
…fights burglary allegations.
Schedule your in-depth case evaluation today. Board Certified®
If you have been charged with burglary in the Greater Houston, TX area, call me for a in-depth case evaluation. My name is Jack B. Carroll, an experienced, Board Certified, criminal defense attorney. Reach me at 713-228-4607.