My son was charged with this he is a minor.
He entered an unlocked storage shed, the door was open.
According to the police entering is the same as breaking in.
I can not find this as a definition anywhere.
Does anyone else think entering an unlocked open door is the same as breaking into a building.
Would this not be more likely trespassing?
There were no signs posted.
It was a storage shed at a baseball diamond.
2006-11-17 15:52:56 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
he entered yes but touched nothing,
and left.
the door was wide open and he says he was curious, because he had never seen the inside before.
I just thought the charge break and enter did'nt fit the offence.
2006-11-17 17:31:14 · update #1
OK mom. First of all don't make excuses for your son and let him suffer the consequences of his actions. Second, each State had it's own laws and each of those laws has certain criteria that must be met in order to charge a person with that crime. In Alabama there must be intent to commit another crime within that building in order for it to be a burglary (breaking and entering). If that intent can't be proven then the appropriate charge would be some degree of criminal tresspass. And by the way, the lack of a posting of a sign does not give anyone carte blanche to enter a building. Hope it works out for you but most of all I hope he learns from his mistake.
2006-11-17 16:40:27 · answer #1 · answered by Leigh P 3 · 2⤊ 0⤋
Entering private property if it is locked or unlocked is considered breaking and entering. It is assumed that everyone should know not to enter private property with out the permission of the owner.
You dont say if there was damage or if anything was taken, if there was damage and or something was taken then it will be a more serious matter than if nothing was damaged or taken.
Considering it was a baseball park and your son is a minor, a good attorney should be able to plea the charges down to trespassing or unauthorized entry
2006-11-17 16:02:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Gee in Toronto Canada the cops just would have taken him home and told him to not go in there again without permission, kids will be kids, and it was nothing serious.
Take the advice of fighting it without waivering.
Some things can be chaulked up to experience but charging a kid for peeking come on thats going a little to far, plus was the baseball diamond public property for use to all?
And peeking in a window compared to a shed are different shades before someone compares.
2006-11-19 09:56:54 · answer #3 · answered by tordor111 3 · 0⤊ 0⤋
Break and Enter? Was he charged with burglary. The entering of a dwelling with the intent to steal? If so then NO he does not have to break anything. Burglary can simply mean putting your arm through someones open window and taking their wallet from the counter.
2006-11-17 17:17:56 · answer #4 · answered by Gettin_by 3 · 1⤊ 0⤋
i have a problem here why are YOU trying to get your kid off he made the mistake him pay for it including the lawyer and any fines he gets make him learn from this
no matter the shed was not his to enter he went in it is break and enter
the shed is for storage of the ball diamonds belongings so he should be allowed to go in and take what he wants
what logic are you raising your son with
there is a saying if you cant do the time don't do the crime
seriously think about your parenting skills that says ohhh son they didn't have a sign nor locks so its ok
how long is he grounded for did you spank him what was his punishment or is it ok no locks go on in
if i walked into your unlocked door into your home would you not phone the police and have me charged or say it was ok we did not have signs posted
2006-11-17 16:12:43 · answer #5 · answered by Anonymous · 1⤊ 1⤋
You as a citizen won't be charging any crimes. When you called 911 last night, the minute you found him, the police who responded to your house - either arrested him or made him leave and gave him a court summons.
2016-03-19 10:21:43 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you left your door open, and a stranger walked in, would you consider it breaking and entering?
2006-11-17 15:57:31 · answer #7 · answered by Anonymous · 0⤊ 1⤋
im sure he could plea down to criminal tresspass, since he's a minor he could probably just do some community service. I think the police may have charged him with the wrong thing, but im no lawyer, maybe you should make an appointment with one to find out.
2006-11-17 15:56:32 · answer #8 · answered by rand a 5 · 2⤊ 1⤋
If you allowed in juvenile court, demand a jury trial, and refuse to sign the speedy trial waiver, the court will not spend the money to prosecute for such a marginal crime that a jury would probably not convict on anyway........
2006-11-17 18:20:57 · answer #9 · answered by Anonymous · 0⤊ 1⤋
i am a lawyer in sandeago,ca. and i believe that it is the same, since he is a minor, you can plea bargin, and he will serve only a fraction of the sentence, or you plead not guilty and posibly get off of charges, or be found guilty and serve double
2006-11-17 15:56:28 · answer #10 · answered by Mr.LoNlEy95963 1 · 1⤊ 1⤋