Shoplifting, Larceny, Robbery, Theft son charged with Felony Larceny

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lmnng

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my son (20) is charged with several counts of felony larceny, alhtough ALL items remained on the property after he had left. he has never been in any trouble before and I am very scared for him. we can not afford an attorney, but he does have a court appointed one. He has written his attorney to explain to him what happened, because he has been told by the other's in with him that "he'll be lucky if he gets to talk to him" and that court appointed attorney's don't care.
he was with "a friend" when this happened and the "friend" has been charged as well - and with more charges than my son. also, this so-called friend has at least two pending felonies charges, in two other other counties, that he is awaiting his court dates. his grandparents and parents bailed him out previously, which explains why he was out.

as I said before I am very scared for my son and am trying to do everything I can to help him. I don't want him to go to prison, is there a chance he could just be put on intense probation?
 
lmnng said:
my son (20) is charged with several counts of felony larceny, alhtough ALL items remained on the property after he had left. he has never been in any trouble before and I am very scared for him. we can not afford an attorney, but he does have a court appointed one. He has written his attorney to explain to him what happened, because he has been told by the other's in with him that "he'll be lucky if he gets to talk to him" and that court appointed attorney's don't care.
he was with "a friend" when this happened and the "friend" has been charged as well - and with more charges than my son. also, this so-called friend has at least two pending felonies charges, in two other other counties, that he is awaiting his court dates. his grandparents and parents bailed him out previously, which explains why he was out.

as I said before I am very scared for my son and am trying to do everything I can to help him. I don't want him to go to prison, is there a chance he could just be put on intense probation?
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Well, the cardinal rule for every criminal defendant, is do not talk about the charges with anyone, except his attorney.

You need to advise him to shut up about this entire matter.

I won't bore you with why, just tell him it is extremely important to his well being to shut up!

That means he should not and must not even talk to you about his arrest, his co-defendant, his arrest, anything about that entire sordid, unpleasant event!

By all means talk about your dog, the weather, baseball, the car, the flowers, God, Satan, how much you love him, anything but that EVENT!!!!

You don't need to care what he might have done, that's done.

You need to care about this moment forward.

So, I'll sum this up:

Advise to shut up about this;
Tell him NOT to write anymore letters to his lawyer about this;
Advise him NOT to talk about this to anyone in that jail about this;
Tell him NOT to talk to the police or prosecutors about this;
Tell him to contact his attorney, by letter ot telephone and ask for him/her to meet with him;
You can also contact the attorney and request the lawyer to meet with our son;
He has a right to remain silent, he MUST use it;
When he meets with his lawyer, IN PERSON, then and ONLY then, he can reveal all details of this case;
After that meeting, he should follow the instructions given to him by his lawyer;
If he believes his lawyer isn't working for him, he can ask the judge (in open court) to replace his lawyer;
He should give the relationship time to develop;
Also, even if you paid a lawyer, no lawyer is going to spend a vast amount of time with your son;
Lastly, he needs to wait and be patient.

Time will become his best ally.

He will also learn a big lesson.

You may not know it, but this isn't Junior's first brush with the wrong side of the law.

This, however, may be his wake up call!!!!
 
Before you write him off as guilty...

Read each of the statutes he's been accused of violating. You can find the statutes on findlaw.com or just type the statute number and state, into a search engine such as yahoo.

Read and understand each of the elements of the crime. Determine whether or not he in fact violated each of the elements of the crimes.
 
thank you for your reply. We have already told him not to speak to anyone BUT his lawyer, but thanks anyways. Also, I would just like to say that YES this is his first time, other than a traffic violation, not saying that he's perfect because no child is, but I do know that this is his first time of being in trouble criminally.
 
to shrinkmaster - yes, all items that he is accused of stealing never left the property. When the police arrived at the scene - place of business - all items were still there. My son's truck was stuck on the property, but only a few item's were actually in his truck ..... all else was still there, just not where they were supposed to be and there was some damage to the items. The police report even reported that all items remained on the property. My main question was though - what are the chances, that since this is his first offense, that he will not have to serve any time??
 
If he has a minor (or no) criminal record, if convicted, he'll likely get probation with community service.

In some cases, if he completes probation successfully, the entire thing could be wiped away.

The location of the articles (when found) is a red herring, and usually irrelevant.

This crime has more to do with his actions, than the actual removal.

I suggest you speak with his lawyer, to learn more about his case.

No one here can predict what will happen.

All we can post about is what we have seen happen.

No two cases are the same, so no one knows the future.

lmnng said:
to shrinkmaster - yes, all items that he is accused of stealing never left the property. When the police arrived at the scene - place of business - all items were still there. My son's truck was stuck on the property, but only a few item's were actually in his truck ..... all else was still there, just not where they were supposed to be and there was some damage to the items. The police report even reported that all items remained on the property. My main question was though - what are the chances, that since this is his first offense, that he will not have to serve any time??
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Is he charged with theft of items in truck or all items? Where on property were items? In other words were they concealed or no tin their proper location,someplace like near a door or open window?
 
@army judge .... thank you very much for your comments. yes I understand that you can only suggest what you think will happen, but it also gives me some comfort in your reply's that there are possibilties!! again thank you!! we have court in the morning - praying for the best!!
 
It does not matter that the items were still on the property. Simply by moving them, if the prosecution can show that it was his intent to deprive the owner of possession, he can be convicted of the theft. It has everything to do with his intent, and very little to do with whether he was able to successfully haul the items away.
 
all items were still there. My son's truck was stuck on the property, but only a few item's were actually in his truck
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Tell your son to use a better get away car next time.
 
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