Although most district attorneys are fair minded and ethical attorneys, it is not unheard of to have some DAs “over file” cases and allege crimes which clearly are not present in the face of the evidence. This situation can be very common in cases involving shoplifting from stores. Our Orange county shoplifting and grand theft attorneys have encountered many cases in which the client is charged with burglary charges even though the evidence gathered only shows at most one instance of taking an items or items without an intent pay for them. Burglary, a specific intent crime, requires the DA to prove that the defendants entered the store (building) with an intended to commit a felony therein OR steal something. That means the DA must show that the defendant had made up his or her mind before she entered the store to steal items ( of commit a felony.) Needless to say this is a hard standard as one would have to decide on another person’s state of mind. Our San Bernardino burglary attorneys have dealt with many similar situations and we pride ourselves in being able to convince the DAs that at most they have shoplifting case and that the client did not intend to steal anything until he/she actually saw the item. Of course many factors will help in presenting this defense, i.e., if the defendant had enough cash, a check or credit card on him/her to pay for items, if surveillance shows that he/she came across the item by chance, etc. If you feel that you or a loved one has a case that fits these scenarios call our theft and burglary attorneys at (714) 705-6701. Burglary, a specific intent crime, requires the DA to prove that the defendants entered the store (building) with an intended to commit a felony therein OR steal something. That means the DA must show that the defendant had made up his or her mind before she entered the store to steal items ( of commit a felony.)