Charged With Home Invasion

I have been offered a plea deal for my breaking and entering charge. However, it includes jail time, so I don't want to take it. It is 65 days followed by 6 months probabtion if I plea guilty. I want to avoid jail time so I can focus on my child custody case and getting unsurpervised time with my child. I think I can prove I was innocent since the when I entered my ex's friend's house, I was retrieving my own child. My lawyer says that he understands my reasoning, but that I should "highly consider" the deal. If my lawyer is understanding, he can help me prove I'm innocent, right? Or is this deal the best I can get? I don't feel comfortable lying and saying I'm guilty when I feel I was justified.

Post history is important here folks.

I would listen to your lawyers advice. And in the meantime, get some serious counseling.

Quote:

---

If my lawyer is understanding, he can help me prove I'm innocent, right?

---

You aren't listening. He did not say he can prove you are innocent. He said he understands why you did what you did but apparently (and I have not read the statute involved) your reasoning does not allow you to do what you did, legally.

Quote:

---

I don't feel comfortable lying and saying I'm guilty when I feel I was justified.

---

feeling justified does not mean you are not guilty of the crime charged.



does this charge stem from this incident?

Quote:

---

So I decided my best chance was for the baby to *already* live with me. So I went to the house where she is staying with her friend in the middle of the night and took the baby.

Three hours later, I have a crying baby. I try to feed the baby formula, but she won't take it. This is because my manipulative ex was solely breastfeeding (I believe she did this as a way to ensure she would have custody). In the morning, my wife realized the baby wasn't there and came over to my house. By this time, the baby was crying so hard, and hadn't eaten for almost half a day and I didn't want to starve her so I let my wife take her back.

---

Either you are a very creative troll or one dumb father. You ARE guilty of the crime charged and you should be lucky all you are looking at is a couple months in jail. Had it been my house you would have been looking at the barrel of a gun and likely would have spend the rest of your time on this earth in a cemetery plot. In other words, you would not have walked out of my house. How foolish can you be?

and what you said about the mother is simply asinine. The best nutrition (and complete in itself) is breast milk. It has nothing to do with manipulation but simply being a mother providing for their child as nature intended and provided.

Yeap, that's the incident.

- - - Updated - - -

And yeah. He's a troll.

Or...as mentioned...the world's dumbest father.

If his stories are true, he should be facing kidnapping charges; trespassing; possibly breaking and entering; child neglect and abuse (for the kid not having meals or proper care during the kidnapping).

Dude...if you care about your child...abide by the laws. No court with a responsible judge is going to let you have unsupervised visitation with having already having entered a dwelling and kidnapping a child, then not being able to care for the baby.

but hey...if you think you are innocent...ignore your lawyers advice and go for a Jury Trial.....

Quote:

---

Quoting anxiousdad

---

I have been offered a plea deal for my breaking and entering charge. However, it includes jail time, so I don't want to take it. It is 65 days followed by 6 months probabtion if I plea guilty.

---

Is it to a misdemeanor charge? If so, and this is the "taking the baby" incident, it sounds like a really good deal.

Like others said it matters what the da can proof not that it makes sense in your mind,it seems like a good deal and your lucky you only got 6 months probation.

My ex did try to pin kidnapping and neglect on me. But it didn't stick because I was actively trying to feed the baby, and kidnapping didn't stick because we were married at the time. Believe me, she tried everything she could, and the only one that stuck was the breaking and entering and tresspassing.

- - - Updated - - -

I feel kind of beaten down by all this situation. So please, I am trying to handle it. You don't have to berate me every time I ask for advice.

Which you fully deserved.

Talk to your attorney. But frankly Mr KIA's advice is also sound.