New Jersey Criminal Lawyer Blog

A reality star and aspiring model allegedly burglarized those whom she sought to hobnob with, and has been charged with the crime, along with six others. Alexis Neiers, who at age 18 is an adult, pleaded 'no contest' and received six months in jail and three years probation. If she violates probation, she can get as much as two years in state prison. The plea of 'no contest' here was her best option to serve the least amount of jail time. She could have been sentenced to six years in prison if she risked mounting a defending at trial and getting convicted. The defendant here was part of group that was also targeting other celebrities. As such, the burglary of Mr. Bloom's house was not isolated but part of a larger criminal enterprise. Other celebrity targets allegedly include Paris Hilton, Lindsay Lohan and Rachel Bilson. She could face charges for conspiracy on the other houses. She has until the end of June to enjoy her freedom, before heading to jail, for which it is reported that she will testify against the other individuals charged. They are scheduled for a Court appearance at the end of the month. This is an example of the benefits a defendant can avail him or herself of when hiring a skilled defense attorney at the first possible opportunity following an arrest.

A New Jersey man, who is selling his townhouse, found two teenagers asleep on the unoccupied floor.  The teens were ultimately charged with burglary, criminal mischief, and possession of drug paraphernalia.

On Saturday morning, the homeowner was checking on his unoccupied townhouse and found more than just empty bowls of porridge.  However, Goldie Locks was not present; rather, a 17 year-old male and 15 year-old female were found in the unit.  Apparently the teens broke a sliding glass door to gain entry into the premises.  Once the homeowner saw the sleeping teens, he immediately called the police who issued citations to both teens for burglary, criminal mischief, and possession of drug paraphernalia.  It is estimated that the sliding door will cost $2,000 to repair.  The teenagers' names were not released since both are under the age of 18.

New Jersey Criminal Lawyer Blog's Take:  This unique version of the three bears probably has some scratching their head as to why the teens were charged with burglary if they did not "steal" anything.  There is a common misconception that burglary implies theft.  In fact burglary only requires the breaking and entering into the dwelling of another with the intent to commit a felony therein.  Thus, even though the teens broke into the townhouse and were asleep they were found with drug paraphernalia.  This explains how New Jersey police charged the teens with burglary. 

An additional fact about burglary is that it has its roots in English common law, which required the act to take place at night and in the residential dwelling of another.  These laws have modified in most jurisdictions to allow for the breaking and entering at any time of the day and in any type of building whether they be residential homes or commercial offices.

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