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  1. #1

    Default Breaking and Entering and Destruction of Real Property

    My question involves criminal law for the state of: North Carolina
    1)misdemenor breaking and entering 2)destuction to real property
    it was a thought to be abandoned house(spray painted, all windows broken, doors already kicked in) there were no 'no tresspassing' signs or fences. we all admitted to being inside. friend 1 and 2 admitted to doing damage but said nothing about me and i denied ever hitting the house. i'm on unsupervised probation and was told i was facing jail time if i got in any legal troubles while on prob. i wasnt read my miranda rights, friend1 was read his rights, im not sure about friend 2. i read the paper and only friend 1 and i were in it. friend 2 owned and had in his posession the hatchet that was used, an illegal switchblade, a clay bowl disguised as a turtle, and a can of dip. i think he may have snitched and cut a deal. we all got the same charges. my first court date is soon, how can i get off of these charges? (me 17yrs of age, friend 1 18yrs, friend 2 17yrs)

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    You were there. You get the same charges and punishment.

    You will also face additional charges for violating probation along with the real possibility of that probation being revoked.

    Think of it this way... the guy driving the get away car doesn't get to say he wasn't helping to rob the bank.

    As to Miranda... did the cops catch you in the house?

  3. #3

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    no they did not catch us in the house

  4. #4
    Join Date
    Mar 2007
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    9,096

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    Quote Quoting wrong_place_wrong_time
    View Post
    no they did not catch us in the house
    Not going to play dentist here... where did the police catch you?

  5. #5
    Join Date
    Apr 2006
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    not sure
    Posts
    526

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    Quote Quoting cyjeff
    View Post
    Not going to play dentist here... where did the police catch you?
    Darn it. I have a cavity I was going to ask you to fill!

  6. #6

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    they caught us about thirty feet or so away from the house we were already headed back

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    So... the police were called to investigate vandalism and they saw you and your two friends walking down the street with an axe?

    Sounds like decent probable cause to me.

    Further, if one of you rolled on the others, you really need an attorney.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    What makes you think it's illegal to trespass on a house even if it were abandoned.
    Somebody *ALWAYS* owns something be it an absentee owner, the government, a bank somewhere.
    As pointed out, you're in serious trouble both on these new charges and it's implication on your probation for the earlier ones.
    You need a lawyer. There's no magic that's just going to make this go away and your criminal history will not bode well for leniency on the judge's part.

  9. #9
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    I believe you meant to say, "What makes you think it's LEGAL to trespass on a house even if it were abandoned."

  10. #10

    Default Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property

    but what about the miranda rights that i wasnt read?
    and as for criminal history it was just parafinailia and im not trying to be a smartass i know i broke the law i just need some good advice

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