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Burglary Charges, First Offense

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  • 07-06-2012, 02:09 PM
    aweeks0001
    Burglary Charges, First Offense
    My question involves criminal law for the state of: burglary.
    hello my son was involved in 10 burglaries. but only got caught and been charged with one. 2nd degree burglary. he has been placed on house arrest till his first court date. while on house arrest two policemen came to my house to talk to him and threatened to rearrest him unless he told about other crimes and where him and his friend hid things which include guns and pills. my sons friend who commented the crimes with him is still in jail same charge. now that the police know about the other burglaries will my son be rearrested? and taken off house arrest? he has never been in trouble before and is in college. i am trying to get a lawyer but have little resources. what can i do in the meantime to help the situation? can they come to my house without a warrant and threaten him? with a good lawyer could i get him out of having to go to jail? we are talking about 10 or more burglary charges in the 2nd degree, one in the 1st degree, the stolen items were hidden in my sons friends place which included guns, pills, merchandise from homes.
  • 07-06-2012, 02:19 PM
    Mr. Knowitall
    Re: Burglary Charges, First Offense
    There is no U.S. state called "burglary." Laws vary by state.

    What will happen with your son? That depends upon his age, whether he's charged as a juvenile or adult, whether the police find grounds to charge him with additional offenses, whether he's viewed as the ringleader, what deals the prosecutor may be willing to offer, and other factors that are not known to us. I expect that if he's in college, he's an adult, but some states have first offender programs for younger adults - again, as you were told when you posted, laws vary by state.

    Burglary is a very serious charge in any state, so your son should be working with a criminal defense lawyer.
  • 07-06-2012, 02:38 PM
    STATcom
    Re: Burglary Charges, First Offense
    Mr. Knowitall is right, you should try and get in touch with a criminal defense attorney as soon as you can. While posting on this message board and reading answers may give you some insight on the possible outcomes, you shouldn't think of them as anything more than possibilities.

    Burglary is one of the most serious offenses in our criminal justice system because the act not only violates people's personal safety, but also violates the sense of security associated with one's home. Because of that, the most severe punishment for your son could be prison time, especially since he's been involved in 10 burglaries.

    In regards to what the cops can and can't ask him, his confessions could be used against him, but it depends on a number of factors and could potentially be excluded as evidence if it is found to have violated his Fifth Amendment rights. Laws on house arrest vary by state, but typically officers are allowed to check in on arrestees without a warrant since the person is technically "in custody."

    Questioning him may have required that he be told his Miranda rights again since the things they were question him on were of different crimes. If so, then his confession could potentially be excluded from evidence. HOWEVER, note that this exception is subject to a lot of interpretation and the law is still quite murky and case-specific in this area. Talk to a lawyer as soon as you can. Most counties have free legal aid resources, especially for criminal defendants. Good luck.
  • 07-06-2012, 02:47 PM
    aweeks0001
    Re: Burglary Charges, First Offense
    i'm very sorry. my son is 18 and this happened in KY.

    - - - Updated - - -

    another question I had was if the police could arrest him again on crimes from other counties even though he is already on house arrest.
  • 07-07-2012, 06:10 AM
    indybail
    Re: Burglary Charges, First Offense
    Quote:

    Quoting aweeks0001
    View Post
    i'm very sorry. my son is 18 and this happened in KY.

    - - - Updated - - -

    another question I had was if the police could arrest him again on crimes from other counties even though he is already on house arrest.

    Yes, he can be arrested for each and every crime he has committed. In your original post, you write of 9 other burglaries that he could be arrested. This is a serious situation, run, don't walk to an attorney.
  • 07-08-2012, 10:13 PM
    tc498
    Re: Burglary Charges, First Offense
    Ingore what ever the cops say,unless they got an arrest warrant don't even answer the door or talk to them. Even going outside to talk,if he arrested shut up until a lawyer can guide him.
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