• I was recently arrested for Burglary of an inhabited dwelling. i never entered the home.

The owner of the residence (a friend of mine) insists that he did not ever intend for me to be charged with anything as I had never entered his home without his knowledge and head never taken anything from his home.

I was recently arrested for Burglary of an Inhabited Dwelling and had to bond out. I would like for this charge to be dropped and the plaintiff in the case said that he is more than willing to sign a sworn affidavit stating that I had not entered his home nor did I steal anything from his home.

What statements are important to include in order to clear my name of this false charge?? 

Thank you for your time,
Jennifer D. Allen
Asked 4 years ago in Criminal Law
Religion: Christian

5 answers received in 2 hours.

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8 Answers

You need to go for quashing in high court if FIR is registered. Attach the sworn statement of the Complianant in the same

Prashant Nayak
Advocate, Mumbai
34594 Answers
249 Consultations

You need to put the said affidavit on record before the court and get the said offense quashed. 

Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
34594 Answers
249 Consultations

1) statement of complainant has to be recorded wherein he mentions that you did not commit burgulary in his residence 

 

2) he can execute affidavit to that effect . It should mention that you are his friend and he has know you for long time . That you did not break into his house and no burgulary was committed by you 

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

In custody application filed by your mother rely upon affidavit of your friend that you did not commit burgulary at his residence 

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

You have to give an affidavit stating that you never intended to visit their home with any intention to steal anything from their home neither  you had entered their home without the knowledge of the  owner 

The owner of the residence can submit an affidavit from his/her side to confirm your statement as well as to confirm that nothing was stolen from her residence that to the knowledge of the owner you are not in the habit of stealing anything from anywhere that the charges framed against you may be by mistaken of acts. 

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

If you are unable to draft the affidavit yourself, you can take the assistance of a local attorney or any advocate of this forum and get a neatly drafted affidavit which would come to your rescue, of course on the terms of the chosen attorney. 

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

It is better that considering your precarious situation especially with regard to your child custody issue being hanging around, you may better contact an attorney in the local immediately and get the desired task completed. 

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

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