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  1. #1

    Default Burglary At A Park

    My question involves criminal law for the state of: IL
    Son - 19, broke into a custodial closet at a park. His aquaintance was the one to break the lock, but he was there. (Sometimes he is easily influenced by others). They moved a box of toilet paper from the closet, to by a tree feet from the closet. I went and saw the door, there is only scratches in the paint. He admitted everything in detail to the police; charged with burglary. Released on OR. No one in family has every even been to court and we don't know what to expect. He has accepted our punishment (no activities, no phone, no contact with any of his former "friends" and he is doing well with it).


    His prior history is some driving tickets (no dui).

    Honestly, we are strapped for cash. He has a job, but with his bills, he has no cash left after at the end of the month. His car is a junker, and no other assets.

    I would like to know if we can talk to the prosecutor (? or someone) and have him put on court supervision. I understand from reading some of the postings that you go in and out of court several times. I can't see that it would be necessary since he has already been honest.

    How do I help him handle this, what steps can we take? Wednesday he goes back. Thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Burglary At A Park

    I would like to know if we can talk to the prosecutor (? or someone) and have him put on court supervision.
    Is he mentally disabled and thus unable to make his own decisions?

    That's the only way you get any say. He is an adult, past the age of majority, and must thus handle this situation himself. The prosecutor is not going to talk to you.

    He needs to show up for court, plead Not Guilty, and ask for a public defender if he cannot afford to hire an attorney privately. Then he needs to take the PD's advice.

  3. #3

    Default Re: Burglary At A Park

    My apologies for speaking as "we". I am not looking for a "say" in anything. I am just trying to advise my son as best as I can given these circumstances and lack of funds.

    Rather, should he ask for supervision followed by dismissal since it is his first offense ?

    He told me he was initially appointed a PD, but does that follow through into this initial court date, or dependent upon the judges review of the asset form (meaning he goes in without a PD, and then one is appointed after review of the form, so he would have another court date after that)?

    If the PD does go into this initial court date with him, is the PD able to ask for supervision followed by dismissal initially, OR does he have to plead not guilty and come back again? When do any negotiations occur?

    As stated previously, he accepted what his part was, and did not try to hide from or lie to the police as the other person did, and it is his first offense. He is extremely regretful, and is willing to make it right in any way he can. He finally agrees that his choice of friends was less than appropriate. That in itsself is a blessing, but he still needs to navigate the rest. Appreciate any advise or help you can provide!

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