Legal Question in Criminal Law in New Jersey
breaking and entering
Our daughter is addicted to heroin. She is a danger to herself and the rest of the family. We don't want her in the house. Her license has our address. Can we legally keep her out of the house and can we charge her with breaking and entering if she tries to get in without a key?
2 Answers from Attorneys
Re: breaking and entering
There are some legal options you may want to pursue.
Aside from the addiction, has she been diagnosed with any other mental heath issues...depression, bi-polar, etc.
I can work out other solutions to try to protect you, her and the community. Please write back and we can schedule a consult.
Mike Berman
Re: breaking and entering
A person is guilty of burglary if, with purpose to commit an offense therein the person:
(1) Enters a (research facility) (structure), or a separately secured or occupied portion thereof, unless the (research facility) (structure) was at the time open to the public or the person is licensed or privileged to enter; or
(2) Surreptitiously remains in a (research facility) (structure) or a separately secured or occupied portion thereof knowing that (he/she) is not licensed or privileged to do so.
Specifically, the defendant in this case is charged with entering with the purpose to commit an offense. I must therefore explain to you, first, what constitutes burglary under the law and second, what constitutes an offense. In order for you to find the defendant guilty of burglary, the State must prove beyond a reasonable doubt the following elements:
To read entire article, go tohttp://www.njlaws.com/burglary.htm