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My cousin was recently accused by an ex that he broke into the house and had a weapon on him. He was in the house but did not break in and ran from the police for some reason. They found no weapon BECAUSE he didn't have one. He's currently in jail until court. I wanted to know that if they didn't find the weapon can the charges be dropped. (We live in DE). I also wanted to know that if he could prove that his mail is sent to that house could some of the charges be dropped? Thank You:)
No weapon should definitely mean no charges in that area. As for being in the house, he might get charged with trespassing. Unless they have proof (forced entry or otherwise) that he actually broke into the house, I don't really think he can be charged with breaking and entering. However, you need to consult an attorney on this matter. There are some online websites where you can ask legal questions. Just do a search and see if there is that can help you out. Most of them are free to use.
He could be charged with having a weapon, but the evidence would be purely circumstantial (the ex's testimony) and would likely not hold up in court.
As for the trespassing like ichibanarky said proof he lives there (utility bill with his name on it).
Unless they found a weapon, he can't be charged with having one.
As for being in the house - he would need to prove that he lives there (a utility bill in his name would be great)...having mail sent there isn't enough.
