My son goes before the Magestrate in a few days. He is being charged one count of breaking & entering and one count of conspiracy. He and his roommate were on the roof of a school building checking it out for a possible place for a party when his roommate found a service entrance that was not locked. My son followed his roommate into the building and as he put it were just "exploring" until roommate came out of a classroom with a computer worth around $3000.00. (the roommate is being charged with breaking and entering and larcency). The school put out an email to everyone that if it were returned no charges would be filed. Several people knew the item was in their possesion and that their intent was to return it. Which they told the police. The Department head got wind of this, called the police and the fraternity was searched. At the time, no names were given and the school did not know who had taken the computer, until both boys met with the Dean the following morning. hey went voluntarily and gave statements to the police. The school has issued 20 hours of community service to my son (which he has already started) and will pay $500.00 toward the new computer that the Dean had already purchased to replace the missing one. He has been suspended from the fraternity and has moved back into a dorm room. What should we expect from the Magesstrate? Does anything the school has already imposed on him help? We did not contact a lawyer as the Leutenant I spoke to said the procesuctor works with the school on these issues. What do you think?
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Property Invasion, Damages, Trespass Breaking & Entering/ should we get a legal council?
- Thread Starter ljw1127
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army judge
Super Moderator
Your son needs a lawyer.
His previous admissions could hurt him in his upcoming criminal trial.
Going forward he should invoke his right to remain silent.
He should also invoke his right not to incriminate himself.
That means he should plead not guilty at his upcoming hearing.
He should ask for court appointed counsel, if you can't afford to hire him an attorney.
Then he needs to shut up.
Yes, his prior statements could harm him in the criminal proceeding.
A good lawyer can hopefully minimize the damage that could cause.
Lawyer him up, tell him to shut up.
Also advise him to avoid all contact with the other party.
Talking to that person now (maybe even later) can serve him poorly.
He should do then do as his attorney directs.
His previous admissions could hurt him in his upcoming criminal trial.
Going forward he should invoke his right to remain silent.
He should also invoke his right not to incriminate himself.
That means he should plead not guilty at his upcoming hearing.
He should ask for court appointed counsel, if you can't afford to hire him an attorney.
Then he needs to shut up.
Yes, his prior statements could harm him in the criminal proceeding.
A good lawyer can hopefully minimize the damage that could cause.
Lawyer him up, tell him to shut up.
Also advise him to avoid all contact with the other party.
Talking to that person now (maybe even later) can serve him poorly.
He should do then do as his attorney directs.
Last edited:
mightymoose
Moderator
Does the school still want the criminal prosecution? If not, you may be able to get the school to contact the District Attorney in this case and indicate the matter has been resolved and prosecution is not desired. It is possible the DA could drop the case altogether.... however if the other boy has not been cooperative that could complicate things for your son.
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