I don't know in what jurisdiction that this happened. However, the boyfriend certainally needs an attorney if he doesn't have one already. The attorney will be able to give you more information regarding the likely outcome of the case, based on his/her experience with that court and prosecutor.
That being said, let me give you some information based on my experience. With the fact pattern here, the prosecution may not be able to prove burglary with intent to harm. However, the prosecution may be able to prove burglary. Burglary is generally the entry into a structure without the knowledge or consent of the owner/occupant.
That being said, the girlfriend has admitted that she lied in her affidavit for prosecution, and has signed an affidavit of non prosecution. As a prosecutor, I would probably be tempted to let the boyfriend go with a diversion, (depending on his record) but I would prosecute her for making a false report and possibly perjury, (depending on the facts).
I also suggest that the boyfriend think long and hard about this relationship. If he is the father of the child, then he needs to be warned that he is involved with an unstable individual who is willing to perjur herself.Is there grounds for a case dismissal based on a chief complaintant's admission she made false statements?
In most jurisdictions, *breaking* into a dwelling or structure without the knowledge or consent of the owner/occupier is burglary. It may or may not be aggravated, and depending on the local statute/codes, it may or may not be a felony.
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In all legal fairness the case should be dismissed.
I would say yes, why would the prosecutor not dismiss the charge or the judge find insufficient grounds for prosecution?
In most areas of English common law (USA and UK) burglary is a crime against a person and society. So even if the owner/resident declines prosecution, the state can continue. It is up to the prosecutor.
Burglary is an abuse of one's privacy regardless of the reasons.
It is never a good idea.
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