Sorry for the [words] but advice would be appreciated:

My house got broken into about 5 months ago here in Charlotte and my wallet and keys were stolen, along with (of all things) a bottle of olive oil and one beer out of a six pack. The empty beer can was behind the house in the alley and I know it was from my house cause it was a 16oz bud light can and I was missing one can out of a six pack i had just bought the previous night. I was in the house asleep and when i heard my door open (sometime between 215 and 6am) I thought it was my roommate coming home seeing if i was up and I didn't think anything of it.

Whomever came into my room didn't run out, so I figured it was my roommate and went back to sleep. First of all, I am a heavy sleeper, it was very dark, and i wear contacts, so even had I woken up to someone in my room, I would have been at a large disadvantage, so I am glad I just went back to sleep.

I realized the next day that someone had broken in, the back door was ajar and my wallet/keys were gone. Thats when I discovered the missing beer can behind the house and called the police. This was also when I realized that the guy had been in my room, since my roommate didnt stay at the house that night. So yeah, Im freaked out. Police fingerprinted the can and I don't know if they got anything. But when I called to have my credit cards cancelled (I had a corporate card and a check card), I realized that there were fraudulent charges totalling around 340.00 on there (I wasn't liable). One charge was to Sprint for a bill. They would not reveal whose bill was paid until recently after i had signed the affadavits the police require. They found out the guy had a former address in a nearby neighborhood and I just got a call from the police this morning saying they finally apprehended him and I would be hearing soon from the DA about a court date.

My questions are:

What are the potential penalties involved? My understanding is 1st degree home invasion and possibly interstate commerce fraud

How does testifying work? I never saw the guy (it was dark and i can't see for shit without my contacts)

I can testify that the cards/wallet/keys were missing along with the other random stuff, and that someone opened my door, but I won't be able to ID the guy. Would he get off with just the card charge fraud and not the home invasion, or would he be assumed to have committed the crime (I don't know the results of the fingerprinting, but that would obviously matter)

[Edited on January 3, 2007 at 9:55 AM. Reason : ]

1/3/2007 9:52:37 AM

tell them the prisons are already overcrowded and you just want your money back.

1/3/2007 9:57:59 AM

1/3/2007 9:58:08 AM

would i sign a deposition or have to face the guy? I mean they already know about the card charges, my testimony isn't going to change whether or not he did that. Theoretically I cant prove that he broke in, only that his phone bill was paid with my card.

^^ I am no crusader, but I am moving back to the neighborhood this happened in in about 6 months and would prefer this asshole wasn't robbing me or anyone else.

[Edited on January 3, 2007 at 10:01 AM. Reason : ]

1/3/2007 10:00:11 AM

my expierence with sort of shit is you always get screwed. the guy will not get punished nearly enough... and if you lie you get in trouble. just tell the truth and be on your way. mention what your gonna say to the DA if you can, assuming you get to talk to him before hand. other than that.. just answer the questions or tell the story you just told here and go home. recoup what you lost, and drink the other 5, while morning the loss of its brother.

my two cents

1/3/2007 10:12:18 AM

Quote :

"my expierence with sort of shit is you always get screwed. the guy will not get punished nearly enough"

this seems probable, although this has been an ongoing case for the police for almost 6 months and it is first degree home invasion, and they seemed to treat it pretty seriously...

whether that means anything i don't know

but, seriously, how fucking dumb do you have to be to steal a card and charge your phone bill to it?

1/3/2007 10:20:22 AM

just dont get yourself screwed... cause if you start to make shit up or add things, then he does get punished... it could continue for you, you may not be so excited to testify over and over again remembering your lies

1/3/2007 10:28:19 AM

i don't want to embellish anything or put someone away for something they didn't do. You take a pretty big risk breaking into a house - had i been awake or alert, and/or had a gun, this fucker would have been shot.

1/3/2007 10:31:31 AM

^no shit

i wish more people would realize that sort of thing
like for instance when a hot headed bastard at target gets out of his car and is ready to beat the hell out of an old man for honking his horn at him...

if old man stays away from fight, hot head beats on old man, old man has gun, hot head gets shot and its legit

1/3/2007 10:39:23 AM

you sound like this is an experience you have had

1/3/2007 11:31:11 AM

Quote :

"How does testifying work? I never saw the guy (it was dark and i can't see for shit without my contacts)"

Just be honest. Don't be afraid to admit that you didn't see the guy. The state should be able to build a strong case without relying on you as a key witness. I'd also suggest contacting the assistant D.A. beforehand and making them aware of how little evidence you can provide so they aren't thrown off guard when you take the stand.

I had to testify about 9 months after an incident. They asked me to identify the person involved in the crime. I basically said that while I could not identify one mexican in a courtroom full of mexicans 9 months after the incident, that everything I told the officer on the night of the incident was true to the best of my knowledge. The officer then testified that she made the arrest based on what I said that night and the guy was convicted.

1/3/2007 12:16:01 PM

Let the D/A know of your reservations. He can probably work out a deal and then you will not be required to testify or appear. Theoretically the guy get 20 years - realistacally less that 6 mo.

1/3/2007 6:27:24 PM

lol @ sober

watching too much wire son!

1/3/2007 6:29:57 PM

I read the first post but didn't read what anyone else wrote...

I would think the only charge you stand a chance at sticking to him is the commerce fraud. Unless he left fingerprints or there were eye witness's to place him in your home, you cannot prove that he was there in the first place. If he denies being there then for all we know he could have just found your wallet laying in the street. Also since the beer can was found outside we don't know that it actually came from your apartment. If there were finger prints found on the can, all that would do is provide leads to who could have done it but not actually prove anything.

best of luck to you, i'd assume the DA will coach you or prepare you for your testimony.

1/3/2007 6:39:34 PM

did they ever find your keys or wallet?

1/3/2007 8:00:43 PM

You will meet with the prosecutor, who will go over what you saw, and will go over the kinds of questions he intends to ask you, and the kinds of questions that the defense might ask you. If it goes to trial you would be required to testify and face him, but there is always the possibility that it will plea out.

1/3/2007 8:36:28 PM

Like other people on here have said, don't lie, or even guess about anything. Only state what you know. More than likely they will ask whether or not the defendant was permitted in your residence, whether you gave them permission to take anything, and whether or not you authorized the charges made on your card. They will not expect you to ID him since they haven't asked you to yet. The DA will speak to you before you have to do anything. The biggest thing is don't lie and don't let the defence try to trick you, just take your time and answer the questions truthfully even if you don't like where they go with it.

Also the charge would more than likely be 1st degree burglary, felony larceny, and some time of financial credit charge. The credit charge is a misdemeanor, but the burglary charge is a D felony, meaning it is taken pretty seriously. If the suspect has a long record it is punishable by up to 40 years, but my bet is that here in mecklenburg county they will plead it down to something lesser included, and you won't even have to testify.

1/3/2007 8:57:35 PM

dude, don't let it drop

just think

a) he was in your house
b) if you would have been there, you might have been hurt or worse
c) if you let him go, he will just make someone else a victim
d) when he does get out, having a prior conviction will means that if he does it again, they won't be as leniant

1/3/2007 9:13:22 PM

what Scuba said

1/3/2007 9:16:46 PM

Absolutely I think they should throw the book at him, and charlotte has gotten better with 1st degrees, because there have been a lot of complaints and the risk of injury or death to the homeowner. Unfortunately the DA's office here is overloaded, and will plead things down much too easily. Neither the victim, or the police can do anything about it. It is just how it goes around here.

1/3/2007 9:17:15 PM

keep in mind that you may not gain anything from this ... if convicted by the state's attourney he'll have to pay fines or do time or community service or whatever, but you're unlikely to see dollars unless you pursue a private case - that said, I hear the private cases are basically open/shut once the public one's over

*i learned something in bus305*

1/3/2007 9:19:43 PM

why the fuck would he steal olive oil of all things

1/3/2007 9:55:19 PM

I was in a similar situation, but it involved assault w/ injury. they caught the guy and he confessed. they cut a deal w/ him. I showed up at court and just sat over w/ the DAs. never said the first word in court.

more than likely a deal will be cut and you wont have to testify at all.

1/3/2007 10:52:38 PM

Quote :

"b) if you would have been there, you might have been hurt or worse"

i was there, that's why the charges are home invasion and not just B&E

^^ all i know is that there was a half full bottle of olive oil on my table that night and it was gone in the AM along with my wallet, keys, etc.

no one else would have been there. i looked everywhere for that olive oil but i know it was on the table cause thats where i left it.

[Edited on January 4, 2007 at 7:08 AM. Reason : darwin award...]

1/4/2007 7:07:28 AM

Quote :

"keep in mind that you may not gain anything from this ... if convicted by the state's attourney he'll have to pay fines or do time or community service or whatever, but you're unlikely to see dollars unless you pursue a private case - that said, I hear the private cases are basically open/shut once the public one's over "

i am more concerned at this point with keeping this guy out of the area, I am building a house in that neighborhood and don't need this shit going down. restitution would be a nice bonus, but i am not expecting to get my shit back.

1/4/2007 7:10:15 AM

1) If convicted you can get every penny of your money back. Each prisoner has to work... and they get money (albeit a very low wage) and they take out of it a percentage when that person owes money. Of course if they are a violent individual they don't get to work which also means no cigs, etc. Generally they work to get those things.

2) As for what you can claim... talk to a lawyer/DA. Let your credit card company know!!!

Just don't think you're going to get your stuff back. It won't happen.

1/4/2007 8:05:34 AM

I know this is the lounge, but this is hilarious:

Quote :

"I realized the next day that someone had broken in, the back door was ajar and my wallet/keys were gone. Thats when I discovered the missing beer can behind the house and called the police."

Wallet and keys are gone...damn that sucks. No big dea...is that my 16 oz Bud Light in the back yard? Mother of God! Someone has stolen my beer! I'm calling the cops"

1/4/2007 9:02:44 AM

Well the beer can tipped me off that someone had broken in the back door and when i realized one was missing, I knew I had been robbed, and that i hadn't just lost my wallet/keys.

In addition, the police fingerprinted the can, don't know if it matched the guy that they caught.

I still am glad the fucker didn't steal my car which was parked out front, but I had to have the locks changed that day (Saturday) and that was 100+ dollars to get an emergency locksmith. I wonder if I can recoup that? I bet I could get the $$ for replacement keys for the car, office, etc.

[Edited on January 4, 2007 at 9:19 AM. Reason : ]

1/4/2007 9:18:34 AM

I bet the thief does not believe in drinking and driving

1/4/2007 5:43:47 PM

I'm a very light sleeper. The one time I was in a house that was being broken into, I woke up to the sounds of someone fucking with my back door. I woke up and grabbed teh shot gun. I opened the door for him and he ran off at the sight of me in only boxers and the shotgun pointed at his head.

1/4/2007 6:59:21 PM

im a way heavy sleeper

plus i am used to roommates, so it really didn't disturb me

1/4/2007 9:47:35 PM