Burglary in the Second Degree by Minor

My question involves criminal law for the state of: lexington kentucky
My brother was arrested on tuesday, 11/24/09 for burglary. He is 17 years old, and left school with his friend, also a minor, and three other minors as well. From what ive been told, one of the minors lead the other 4 to this house, which he stated was his, and he put the security code in. When my brother realized this house wasnt his, and that the other kids he was with were up to no good, he left. later on, one of the kids he was with saw him and asked him if he wanted a camera, cell phone, and ipod. i am unaware if my brother knew if it was stolen or not, but my guess is that he did, and i believe he may have told the arresting officers he knew that. when the cops first arrived at my mothers home he denied it, but then admitted to it, and when he went down to his room to get the stolen items, the cops found marijuana, and charged him with possession as well. he is in a juvenile detention center and his next court date is december 2nd. we cant really afford a lawyer so he is going to be represented by a public defender. what is the most they can charge him with? what could we do to get this dropped down to at least a misdemeanor? does anyone have any suggestions that could help, right now he is being charged with burgulary in the 2nd degree. thank you!

Why would you believe this should not be charged as a burglary?

I am not asking to be cute or argumentative. I am asking because it appears that all the necessary points to a burglary were present and wondered why you would see it differently...

Other than, of course, the fact that it could be a long time in a small cell for bro.

if it's his first offense they will probobly offer him a plea to a lesser charge. Possibly a deffered sentence. He should probobly have never told the cops that he entered the building, cuz that alone is an element of burglary. On the other hand the story sounds like a mess, doesn't really add up.

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Quoting jarno

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if it's his first offense they will probobly offer him a plea to a lesser charge. Possibly a deffered sentence. He should probobly have never told the cops that he entered the building, cuz that alone is an element of burglary. On the other hand the story sounds like a mess, doesn't really add up.

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Which part?

The part where he entered or the part where he turned over some of the stolen items to the police?

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Quoting cyjeff

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Which part?

The part where he entered or the part where he turned over some of the stolen items to the police?

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"From what ive been told, one of the minors lead the other 4 to this house, which he stated was his, and he put the security code in. When my brother realized this house wasnt his, and that the other kids he was with were up to no good, he left. later on, one of the kids he was with saw him and asked him if he wanted a camera, cell phone, and ipod. i am unaware if my brother knew if it was stolen or not, but my guess is that he did, and i believe he may have told the arresting officers he knew that."

Seems like he knew they were up to no good but then accepts the camera and the ipod?

So if not burglary then you have "receiving stolen property/Possessing stolen property"

He entered. He left. Breaking and entering. Burglary.
He accepted stolen merchandise...

He can be charged with all or some.

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Quoting cyjeff

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Why would you believe this should not be charged as a burglary?

I am not asking to be cute or argumentative. I am asking because it appears that all the necessary points to a burglary were present and wondered why you would see it differently...

Other than, of course, the fact that it could be a long time in a small cell for bro.

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i see it differently because he was unaware that the house he was entering was not his friend from school, and when he did he left - also he didnt take anything from the house himself, he was given by the other child he was with stolen items, aware or unaware that they were stolen, thank u for replying, but if you have ignorant comments such as my little brother may be in a cell for a long time, please do not reply again, thank you

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Quoting jarno

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if it's his first offense they will probobly offer him a plea to a lesser charge. Possibly a deffered sentence. He should probobly have never told the cops that he entered the building, cuz that alone is an element of burglary. On the other hand the story sounds like a mess, doesn't really add up.

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your right, it doesnt add up, i cant make sense of it all myself, and he admitted to entering the home because the 3 kids caught before him all said he was there as well, however, like i said, he thought it was the kids home. im learning more and more about what happened, and whats going on everyday, such as the guards in the juvenile detention center he is in are beating the children in there, i know kentuckys a commonwealth and all, but i dont believe that should be allowed either, kentucky is still a part of the us and if parents arent allowed to use corpral punishment, why should these guards have that right? has anyone ever heard of anything like that being allowed in kentucky?

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Quoting rose1

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i see it differently because he was unaware that the house he was entering was not his friend from school, and when he did he left - also he didnt take anything from the house himself, he was given by the other child he was with stolen items, aware or unaware that they were stolen, thank u for replying, but if you have ignorant comments such as my little brother may be in a cell for a long time, please do not reply again, thank you

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Sorry, I don't do requests.

I am asking the exact same questions the judge will.

Further, the penalties for receiving stolen merchandise and burglary may include prison.

Big boy prison.

If you don't want to hear that this is a possibility, I recommend you don't attend court.

Now, again, why would you think that his entering a home illegally and being found in possession of items that resulted from that burglary would not be seen as burglary?

You should also tell him that no one... not the judge, not the jury.... is going to believe for a second that one of the boys that also entered the home illegally just gave him merchandise worth close to a thousand dollars in merchandise as a gift.

I recommend against insulting the intelligence of the judge.

I'm kind of in the similar situation as you rose1 dealing with my cousin. Yesterday he was arrested because he matched a profile.

Rose1, how much was bail?

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Quoting onlybrian

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I'm kind of in the similar situation as you rose1 dealing with my cousin. Yesterday he was arrested because he matched a profile.

Rose1, how much was bail?

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no bail. but for all the doubters, hes being released monday because the judge DOES believe the truth. and thank you all for your negative comments, but you were all wrong, thank u

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Quoting onlybrian

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I'm kind of in the similar situation as you rose1 dealing with my cousin. Yesterday he was arrested because he matched a profile.

Rose1, how much was bail?

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Quoting cyjeff

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Sorry, I don't do requests.

I am asking the exact same questions the judge will.

Further, the penalties for receiving stolen merchandise and burglary may include prison.

Big boy prison.

If you don't want to hear that this is a possibility, I recommend you don't attend court.

Now, again, why would you think that his entering a home illegally and being found in possession of items that resulted from that burglary would not be seen as burglary?

You should also tell him that no one... not the judge, not the jury.... is going to believe for a second that one of the boys that also entered the home illegally just gave him merchandise worth close to a thousand dollars in merchandise as a gift.

I recommend against insulting the intelligence of the judge.

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oh your so cute with ur "i dont accept requests" get a life, and then i wont request this one - ill just tell you - dont talk when you dont know what your talking about
and i dont care about your recomendations either.
bye now (=