QUESTION
What can we do if my son was charged with first offense burglary?
Asked on Oct 15th, 2012 on Criminal Law - New York
More details to this question:
1st offence burglary of an unoccupied dwelling resisting arrest without violence criminal mischief. House was abandon for over a year and basically destroyed my son ran when the police came his friend was caught and told them he was with my son. They picked up my son 1 week later and arrested him. My son has never been in trouble before. They were on a bicycle and a skateboard they took nothing were just as they put it checking it out. The house has been empty for well over a year and many kids have been in there, they use it to cut through from school. I have taken pictures just after this happened to show how trashed it is. Would appreciate any input. My son turned 18 one month ago. I am out on disability my wife works but we can't afford a lawyer. Thanks for your help.
6 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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At his first court appearance, your son will get a public defender.
Answered on Oct 18th, 2012 at 2:38 PM
Michael J. Breczinski
He needs a lawyer. The whole thing is the intent. If he went in there to steal or for some other criminal purpose, then it is burglary. If it was just to look around it is unlawful entry which is a relatively minor crime.
Answered on Oct 17th, 2012 at 8:23 PM
Convicting someone of a burglary charge requires the prosecution to prove beyond a reasonable doubt that the person charged intended to commit a felony within the building when he entered it. If all your son intended was to "check it out" or use it as a shortcut to school, then he lacked the requisite intent. Your son should consult an attorney right away.
Answered on Oct 17th, 2012 at 7:32 PM
Hire or lawyer is the best you can do for your son. And you better do it soon before your son opens his mouth to the wrong folks and seals his own fate.
Answered on Oct 17th, 2012 at 2:55 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Chances are that the state will have a hard time actually proving the elements of burglary. Someone has to testify that your son was not allowed to enter. You can call around to see how much it will cost to hire an aggressive criminal defense attorney, and set up some free consultations. You have to fight this for your son.
Answered on Oct 17th, 2012 at 1:25 PM
John J. Carney
It is always a good idea to talk to your children about what is illegal and why they should not commit crimes because they will get a criminal record. They should learn to demand a lawyer and refuse to answer any questions and that the police will lie to them, manipulate them, and try to get them to confess or make incriminating statements. If his co-defendant gave him up the prosecutor and police may have fingerprints or other evidence, but if not they can make an arrest but not get a conviction that is based only upon the word of the co-defendant. Therefore, if he was smart enough to remain silent, and I doubt that he was, his lawyer would probably be able to win the trial. He is still eligible for Youthful Offender Treatment and will not have a criminal record or go to jail. Young people are very bad decision makers and they have to learn from their mistakes.
Answered on Oct 17th, 2012 at 1:16 PM