Breaking and entering

busybake · #1 09-13-2006, 06:20 AM

I live in Washtenaw County MI. My 17 yr old son was arrested for B&E. We have not received the formal charges yet but the circumstances were this: He was at a friends house. After drinking 4 or 5 beers, he went outside and went into 3 unlocked cars and took loose change. Then he went into a garage unattached to a house, went into another car and took change. 2 weeks before this, he got arrested for minor in posession of alcohol.
My son had a stellar reputation before this happened (marching band, volunter work with handicapped kids, well liked by teacher and other students.
There is a history of alcoholism in our family adn police suggested that this could be more of a substance abuse problem than a "bad kid"
However our lawyer said he could still be charged with 4 counts of felony B&E.
He has been seeing a psychiatrist and therapist for 2 1/2 years for bi-polar disorder and severe depression. This week he began a substance abuse treatment outpatient program.
What could happen now?

GreatGadsby · #2 09-13-2006, 07:26 AM

while I'm not familiar with MI law, it would seem that he should be charged with trespassing &/or burglary. at least in the beginning half of things, the cars were unlocked. if you didn't have to break in, then it shouldn't be breaking & entering.

Aaron - what say you?

busybake · #3 09-13-2006, 09:07 AM

Aaron,
I'm not sure, but in MI it may be consiered "breaking" just by the act of opening a door. I'll ask my lawyer about what you said. The police also said that because so little was taken, it could be commuted to misdemeaner.
Thanks,
Busybake

Happy Trails · #4 09-13-2006, 09:20 AM

Quoting GreatGadsby

while I'm not familiar with MI law, it would seem that he should be charged with trespassing &/or burglary. at least in the beginning half of things, the cars were unlocked. if you didn't have to break in, then it shouldn't be breaking & entering.

Aaron - what say you?

In the case of PEOPLE OF THE STATE OF MICHIGAN v MICHAEL COVINGTON

Quote:

The Defendant, Mr. Covington, is charged with a crime of breaking and entering. To prove this charge, the Prosecution must prove each of the following elements beyond a reasonable doubt. First, that the Defendant broke into the building. It does not matter whether anything was actually broken. However, some force must have been used. Opening the door, raising the window, taking off a screen, are all examples of enough force to count as a breaking [sic] entering a building through an already open door or window without using any force does not count as a breaking.

Also read this.

aaron · #5 09-13-2006, 10:44 AM

I would discuss the possibility of HYTA with his lawyer. If he's 17, otherwise eligible, the prosecutor offers a suitable plea bargain, and it appears that he will be able to successfully complete probation and get his drug and alcohol problems under control, it's the best way to avoid a criminal conviction.

The most common charge for breaking into cars is larceny from a motor vehicle. The operative language of that statute is "a person who enters or breaks into a motor vehicle ... to steal or unlawfully remove property" - entry is sufficient.

busybake · #6 09-13-2006, 02:16 PM

The arraignment for the Minor in Possession charge is in district court next week. The B & E will probably be in the circuit court sometinme later but we have not been contacted yet.

When we are in district court should we mention that there are charges pending in circuit court? I don't want to withhold information from the district court judge and later get into trouble but I don't want to make things worse by telling him if I don't have to.

I really appreciate your help.

aaron · #7 09-13-2006, 02:38 PM

You indicated that he has a lawyer - one lawyer for both the District Court and Circuit Court matters? If so, your lawyer will already know that charges are pending in both courts. If he has two different lawyers, make sure that both lawyers are kept informed of everything that happens in the other court, and follow their advice.

busybake · #8 09-24-2006, 05:47 AM

One more question, we went to court this week and the lawyer made sure that the judge knew about the B& E arrest. He then was able to put the pre-trial off for 1 more week hoping to get the notice on the B& E.

The judge ordered him in the mean time to go to the police station 2 times per day to take breathalizer. Last night he when he was there, he saw the 2 police officers that had arrested him. Believing that he is a good kid (He says thank you each tme they give him test.) they asked what was up with him commiting this crime. He said his phsichiatrist told him that because he takes 2 powerful mood stabilizers (for bi-polar and clinical depression) the beer effects were magnified. The officers said (oh, I get it)

My question is, is this anything that could lower his charges or should he have known that ahead of time.

Thank you, I appreciate that you people are here

aaron · #9 09-24-2006, 06:49 AM

I don't know that it will necessarily get a charge lowered beyond what would ordinarily be offered in a plea deal, but if he can get the misdemeanor dismissed as part of a plea deal on the B&E it would be easier to work out a sentence such as HYTA (the Holmes Youthful Trainee Act), a type of deferred disposition which could help him avoid a criminal record. His lawyer(s) can advise him on the best strategy.