How Witness Statements Can Affect a Burglary Case in Illinois

 Posted on October 30, 2025 in Criminal Defense

Witness statements often play a big role in burglary cases, particularly when a jury decides whether to believe you meant to commit a crime or were simply in the wrong place at the wrong time. Burglary cases involve questions of intent and entry, so what a witness remembers can have a serious impact on the outcome. If you are being investigated or charged, our experienced Kane County, IL burglary defense lawyer can help. We will work to ensure false or mistaken statements do not decide your future.

What Counts as a Witness Statement in an Illinois Burglary Case?

Under 720 ILCS 5/19-1, burglary means entering a building, home, or vehicle without permission and intending to commit theft or another felony. Because intent is hard to prove directly, prosecutors often depend on what witnesses say they saw. A witness statement can be written down, recorded, or spoken in court. It can come from neighbors, store owners, police officers, or even bystanders. A witness might say they saw you near a building or describe what they think you were doing. Your lawyer will go through every statement carefully to see if the person could have made a mistake or misunderstood what happened.

How Do Police Collect Witness Statements After a Burglary?

After a reported break-in, police usually talk to anyone who might have seen or heard something unusual. They might take notes, record interviews, or look at video footage from cameras nearby.

During that process, police can make mistakes. They might ask confusing or leading questions. A witness might also be nervous, tired, or upset when giving a statement. They may mix up times, describe the wrong clothing, or think someone looked like you when they did not. These errors matter because prosecutors may use the statements to claim you were near the crime scene or acted suspiciously.

How Can a Defense Attorney Challenge Witness Credibility?

Your defense attorney will carefully study what each witness said. The goal is to find errors or reasons the story may not be reliable. Under 725 ILCS 5/115-10.1, your attorney can point out when earlier statements do not match what the witness says in court. A witness who changes their story is not reliable.

Some other reasons witnesses might not be reliable include:

• They describe unclear or conflicting details about the suspect

• They have a personal reason to lie or exaggerate

• They are confused, scared, or under the influence of alcohol or drugs

• They have impaired vision or hearing that made it hard to see or hear what really happened

• They were influenced by what others said after the incident or by seeing news or social media coverage

How Expert Witnesses Can Challenge Eyewitness Reliability

An expert witness is someone with special training who helps explain why witnesses might remember things incorrectly. For example, psychologists can explain how memory works and why fear or stress can impact what a person believes they saw.

In some cases, forensic experts study videos, photos, or timing to show that a witness could not have seen what they claim. These experts help balance emotional testimony with real scientific evidence. They remind the jury that even honest people can make mistakes when recalling details under pressure.

Contact an Aurora, IL Burglary Defense Attorney Today

If you have been accused of burglary, you need someone who knows how to challenge witness statements and expose weak evidence. Attorney Brian J. Mirandola is a former Assistant State’s Attorney who now defends people facing serious criminal charges. His experience on both sides of the courtroom gives him unique insight into how prosecutors build their cases and how to challenge them. With years of legal experience and strong relationships in Kane County courts, the firm is dedicated to aggressive defense.

Call The Law Office of Brian J. Mirandola at 847-488-0889 today to schedule a free consultation with an experienced Kane County, IL burglary defense lawyer.