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  1. #1
    Join Date
    Jun 2011
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    13

    Default Minor Charged With Breaking and Entering and Contributing to Delinquency of Minors

    My question involves criminal law for the state of: North Carolina
    This case involves 4 minors ages 14-17 breaking into an un-occupied building in city park & stealing CANDY. The 17yr old kid is being tried as an adult. This kid was caught with $70 worth of candy. The B&E was caught on camera.
    Charges:
    Felony BREAKING AND OR ENTERING-Broke padlock
    Misdemeanor CONTRIBUTING DEL OF JUVENILE-Friends are 14yrs old.
    Felony LARCENY AFTER BREAK/ENTER-Stole Candy
    Felony POSS STOLEN GOODS/PROP-Gave candy to police

    Public Defender wants 17yr High School senior , no priors, no gang affiliations, never been in trouble in school & helps elderly neighbors in neighborhood with lawn work, to plead guilty to Felony charges, due community service, probation for several years, pay fees & fines.

    I don't feel this is something that should destroy this kids life felonies are FOREVER! When this kid is 70yrs old & needs to move into a retirement community these felonies will block him. When this kid seeks employment...when this kid tries to go to college.

    This kid needs to pay for his wrong but felonies for life? Over candy? I feel this kid is being targeted because he's Afro-American! What can we do as far as asking for a reduced sentence? What would the courts accept as a reasonable plea?

  2. #2
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Excessive Charges

    Quote Quoting Justice11
    View Post
    This kid needs to pay for his wrong but felonies for life? Over candy? I feel this kid is being targeted because he's Afro-American! What can we do as far as asking for a reduced sentence? What would the courts accept as a reasonable plea?
    It is a known technique for prosecutors to overcharge in order to get a good plea agreement.
    http://www.huffingtonpost.com/radley...b_1425084.html
    http://pjmedia.com/instapundit/?s=overcharge

    The suspect can always argue for a reduced sentence. The prosecutor must agree for a reduced charging unless the court finds no probable cause for some of the charges. Your description leaves little doubt there is probable cause for each of the charges.

  3. #3
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Minor Charged With Breaking and Entering and Contributing to Delinquency of Minor

    It seems clear he would have stolen anything else of value there, not that he just had a sweet tooth.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Minor Charged With Breaking and Entering and Contributing to Delinquency of Minor

    Quote Quoting Justice11
    View Post
    My question involves criminal law for the state of: North Carolina
    This case involves 4 minors ages 14-17 breaking into an un-occupied building in city park & stealing CANDY. The 17yr old kid is being tried as an adult. This kid was caught with $70 worth of candy. The B&E was caught on camera.
    Charges:
    Felony BREAKING AND OR ENTERING-Broke padlock
    Misdemeanor CONTRIBUTING DEL OF JUVENILE-Friends are 14yrs old.
    Felony LARCENY AFTER BREAK/ENTER-Stole Candy
    Felony POSS STOLEN GOODS/PROP-Gave candy to police

    Public Defender wants 17yr High School senior , no priors, no gang affiliations, never been in trouble in school & helps elderly neighbors in neighborhood with lawn work, to plead guilty to Felony charges, due community service, probation for several years, pay fees & fines.

    I don't feel this is something that should destroy this kids life felonies are FOREVER! When this kid is 70yrs old & needs to move into a retirement community these felonies will block him. When this kid seeks employment...when this kid tries to go to college.

    This kid needs to pay for his wrong but felonies for life? Over candy? I feel this kid is being targeted because he's Afro-American! What can we do as far as asking for a reduced sentence? What would the courts accept as a reasonable plea?

    He's being targeted because he stole $70 worth of goods.

    It wouldn't matter if it was candy, shoes, makeup....and it's not going to help that he actually committed burglary (versus simple theft).

    Sometimes young adults need to be taught a lesson.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Minor Charged With Breaking and Entering and Contributing to Delinquency of Minor

    He's not being targeted for being black. He's being targeted for being a criminal.

  6. #6
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Minor Charged With Breaking and Entering and Contributing to Delinquency of Minor

    What, exactly, are you basing your belief that the defendant is “being targeted” solely because he/she is African-American on? From your post, it appears the he/she is “being targeted” due to blatant criminal activity, not race. Do you have anything, other than your OWN race-based opinions, with which to support that belief?

    Being as the 17 y/o was the oldest in the group provides a strong indication that he/she was the ringleader. The fact that he/she used that leadership role to lead younger, more impressionable kids into blatant criminal activity is likely to have a strong impact on the prosecutor’s charging and plea decisions. From the information you have provided, it appears that he/she is, in fact, guilty of each of the charges in spite of the fact that they were all committed during the course of the same criminal incident – So, no, he/she was NOT overcharged.

    What the public defender it telling the kid is NOT what the PD WANTS the kid to plead to – It is all the prosecutor is offering, and the PD is saying that offer is as good as it’s going to get. The prosecutor is likely offering to drop some of the lesser charges and make a sentencing proposal (which, looks like a pretty good offer to me as I note there is no jail time included) in return for a guilty plea on the remaining charges. But, it appears that the prosecutor is NOT willing to reduce the charges from felonies to misdemeanors (and, frankly, from what you have provided, I see no reason that the prosecutor should).

    Yes, since he/she is being prosecuted as an adult, the criminal conviction will show on a criminal background check for the rest of his/her life (unless he/she is able to get it expunged somewhere down the line). However, probation, community service, and fines seems like a fair and appropriate offer considering the criminal behavior involved. The other option is to refuse the prosecutor’s offer and go to trial on ALL the charges. Then, the jury will get to see the video and other evidence against the defendant, listen to the testimony of the investigating officers, and decide “guilty” or “not guilty.” I’m thinking there is an excellent chance they will choose “guilty” on all charges. Then, the judge will impose a sentence within the standard range for ALL the charges he/she has been convicted of (HINT: that standard range sentence will likely be quite a bit more burdensome than what the prosecutor has offered – like all of the above AND some time in jail).

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Minor Charged With Breaking and Entering and Contributing to Delinquency of Minor

    Odds are they're coming down on him not because of race, but because he was the ringleader, and led three fourteen-year-old kids to commit a serious crime. Yes, burglary is serious, even if the goal is to steal candy.

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