It’s easy to assume that video footage is the end of the story in a criminal case. But as one recent courtroom victory in Missouri shows, surveillance cameras don’t always capture the full truth — or enough to convict.
In a case that could have led to a felony conviction and prison time, the legal team at Rose Legal Services successfully defended a client charged with Burglary in the Second Degree and Felony Stealing. Despite the client being seen on security footage entering a commercial property and removing items, the court ultimately ruled that the State failed to establish probable cause — and dismissed the charges outright.
This win highlights the critical role that skilled legal advocacy plays in challenging assumptions, testing the prosecution’s narrative, and holding the State to its burden of proof.
Burglary and Theft After Hours
According to the State’s case, the defendant was allegedly caught on surveillance video entering a local business after hours and removing property from the premises. That video — which showed the defendant clearly inside the building — was the cornerstone of the prosecution’s argument.
On the surface, it looked like an easy conviction. The State quickly filed charges for:
- Burglary in the Second Degree (a Class D felony in Missouri)
- Felony Stealing (also a felony under Missouri law)
The potential consequences were severe — including years in prison, restitution, and a permanent criminal record. But as the defense team at Rose Legal Services understood, what the video didn’t show mattered just as much as what it did.
Why the Charges Didn’t Hold Up in Court
While surveillance video can be powerful, it’s not infallible. In this case, the footage showed an entry and removal of items, but it did not prove key elements of the alleged crimes — including intent, lack of permission, or knowledge that the entry was unauthorized.
The defense raised several critical arguments at the probable cause hearing:
- The State failed to establish that the client did not have permission or authority to be on the property.
- There was no clear evidence that the client intended to commit a crime at the time of entry — a required element for Burglary in the Second Degree.
- The items removed were not definitively shown to belong to the business, nor was there proof they were taken with intent to permanently deprive.
Ultimately, the judge ruled that the prosecution’s evidence, even if believed, was not enough to justify moving forward to trial.
The court dismissed the case for lack of probable cause — a major victory for the client and a clear statement that surveillance video alone does not equal guilt.
Probable Cause in Burglary Cases
To move a case forward in Missouri, prosecutors must establish probable cause — a reasonable belief that a crime occurred and that the defendant likely committed it. This standard is higher than mere suspicion but lower than the proof required for conviction at trial.
In burglary cases specifically, the prosecution must show that:
- The defendant knowingly entered a building or structure,
- Without permission or authority, and
- Did so with the intent to commit a crime inside.
Each of these elements matters. If even one is missing or unsupported by evidence, the case can — and should — be dismissed before it ever reaches a jury.
That’s exactly what happened here.
Why Surveillance Video Isn’t Always the “Smoking Gun”
While it’s tempting to believe that cameras provide irrefutable truth, the reality is more complicated.
- Video lacks context. It may show actions, but not intent.
- Footage can be misinterpreted. What looks suspicious to one viewer may be entirely innocent to another.
- Crucial facts may be missing. Like whether someone had prior permission to access the property or was returning items rather than stealing them.
That’s why St. Louis-based criminal defense attorneys at Rose Legal Services look beyond the surface in every case. Their approach isn’t just reactive — it’s investigative. They analyze how evidence was gathered, what assumptions are being made, and where the State’s story falls apart.
How Rose Legal Services Secures These Kinds of Dismissals
Not every defense attorney takes the time to challenge probable cause early in the case. But the legal team at Rose Legal Services knows that winning starts long before trial.
In this case and many others, their success came from:
- Identifying weak points in the prosecution’s charging documents
- Filing pretrial motions and forcing the State to articulate its case early
- Cross-examining law enforcement and civilian witnesses during preliminary hearings
- Framing the facts in a way that shows the absence of criminal intent
By putting pressure on the prosecution from the beginning, they shift the burden where it belongs — back onto the State.
What the Client Stood to Lose
Had this case proceeded, the client could have faced:
- A felony record
- Incarceration for several years
- Loss of employment opportunities
- Long-term damage to reputation and housing eligibility
Instead, they walked away without a conviction, without probation, and with a second chance to move forward.
That outcome was only possible because of a legal team that understood the law, challenged the narrative, and refused to let assumptions drive the outcome.
Facing Burglary or Theft Charges in Missouri? You Have Options.
If you or someone you care about has been charged with burglary or stealing — even if there’s video footage — don’t assume the case is hopeless.
Every piece of evidence must meet legal standards. Every charge must be proven. And every defendant has rights.
The attorneys at Rose Legal Services fight for people who’ve been accused — not just to avoid convictions, but to protect futures.
If you’re facing criminal charges in Missouri, contact the St. Louis-based criminal defense attorneys at Rose Legal Services today to schedule a consultation and begin building a strong, strategic defense.
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