Q: do I have grounds to file motion to dismiss
I was arrested for burglary and while I was incarcerated a detective from a whole different town came and dropped couple new charges on me both cops admitted that I fit the prfile in their investigation which lead to me being pursuit neither towns had warrants literally profiled me because of my past now I face an additional violation of probation because of these charges
A: If you were arrested for burglary you should have retained counsel. That is the person you should be speaking to. This is a complex situation and it doesn't really matter if I think you have a motion or not. What matters is what your lawyer thinks.
H. Scott Aalsberg agrees with this answer
A: You file a motion when you need to get the courts attention because something was done incorrectly. You have not stated any grounds that were incorrect, thus much more information is needed to give you an answer. I suggest you hire a lawyer or if you have a lawyer discuss it with that lawyer. Remember anything you post online or even today say over the phone could be used against you in court so only discuss your case in the office of the lawyer you choose to represent you. Good Luck
A:
The state must prove:
2C:18-2 Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:
(1)Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;
(2)Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or
(3)Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1)Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
(2)Is armed with or displays what appear to be explosives or a deadly weapon.
Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
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