It is possible for burglary charges to be dropped if the defendant and his lawyer present a request to the court and the court agrees. The court's decision takes a variety of mitigating factors into consideration.
To determine whether to drop charges or not, the court considers factors such as the burglar's intent and witness testimony concerning the character of the defendant. Other factors, such as intoxication, may be used to successfully argue for a lesser charge, such as trespassing. Finally, if sentenced for burglary, the defendant and his lawyer may request alternative sentencing methods, such as house arrest or community service, in order to avoid time physically spent in jail.