Alleged Burglar Arrested in Hoover – Found Hiding in Basement

Posted by Steve Eversole | Jul 09, 2015 | 0 Comments

Hoover Police recently arrested an alleged burglar whom they found hiding in a basement, according to a news feature from My Fox Alabama. Police say they were told by a security company that one of their customer's homes had a burglar alarm tripped, so they dispatched officers to investigate the potential burglary.

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When they arrived the home in question around 10:30 in the morning, they proceeded to enter the residence. They conducted a full sweep of the residence and found suspect allegedly hiding in the basement of the home. He was arrested on suspicion of burglary and taken into custody without any trouble.

Police further stated the home's alarm system panel and speaker were damaged when they arrived, and they found parts of the system on defendant's person. They also allegedly found jewelry belonging to the homeowners on defendant's person. They also reported drawers in the bedroom of the home appeared to have been opened and searched by defendant.

After police arrested defendant and took him into custody, they took the step of getting three arrest warrants charging him with burglary in the third degree, theft of property second degree, and obstruction of justice by using a false identification. There was no report of how suspect obstructed justice, but as our Birminghamburglary defense attorneys can explain, suspects will often give an alias or false name to police during the booking process, and if police learn of defendant's actual identity (and they usually do), they can also charge suspect with obstruction of justice by using a false  ID; however, this charge is not necessarily one they will be able to get a conviction, but it may be useful to prosecutors as a bargaining chip during plea negotiations.   It should be noted, defendant has not been found guilty beyond a reasonable double of any charge in connection with his arrest and is presumed innocent unless and until his proven guilty in a court of law.

This can be by trial in front of a judge (bench trial), a jury trial, or after a plea of guilty.   Defendant was held on $10,000 bond on each of the three warrants, making his total bond $30,000. When he failed to make bail, police had him transferred from the city jail in Hoover to the Jefferson County detention center pending trial. Authorities do not think he will be able to make bail at this point in time.

It is not uncommon for prosecutors in Alabama to charge a defendant with multiple offenses for what seems like the same conduct during arrest, such as charging someone with theft and burglary during the same crime. Whether you can be found guilty of both offenses is a question that deals with what is essentially the wording of the two offenses. If the language requires proof of the same conduct for each charge, they may be considered mutually exclusive, requiring prosecutors to elect one or the other prior to trial. In some cases, they will be treated as separate offenses for the purpose of obtaining a conviction, but, for sentencing, they will be said to be subject to the doctrine of merger.

Additional Resources:

Hoover Police arrest burglar hiding in basement, July 10, 2015, Fox 6

About the Author

Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...

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