To whom it may concern,
A friend was once convicted of grand larceny. They were placed on house arrest and subject to terms of probation. The house arrest was served and ended on or about 1 month ago. Probation was set to end on or about June 1, 2010.
The defendant was receiving social assistance and living with a friend. The friend as well as the defendant agreed to terms of room and board for a sizeable portion between the amount of 80 and 90% of the social assistance cheque.
The friend/landlord and her significant other left on vacation for two weeks leaving the defendant with little to no food in the house. Having recently given the landlord the amount of social assitance stated above had no means of feeding ones self.
The defendant upon searching for food or means to obtain food came upon the amount of or about $200 laying inside a kitchen cupboard. The defendant used this money for transportation and food. The defendant intended to inform the landlord of the action at the first available moment when they returned and furthermore would promise to return the money on a specific date.
The landlord and their significant other returned from said vacation 2 weeks later-late in the evening and the defendant was asleep. Upon waking up the defendant learned that the money had already been discovered as missing and at that point had informed the landlord and the significant other of the situation and the intent of repayment.
Understandibly the landlord was shocked and kicked the defendant out, while ending their friendship.
The defendant then immediatly informed his probation officer of the situation and furthermore reported to the local law inforcment office of the actions. During his conversation with his probation officer he learned that the situation had already been reported to the local authorities. The officer to whom he spoke said the defendant did not need to come down and write a statment however the defendant chose willingly to do this.
Upon finishing the statment the defendant was immediatly placed under arrest for breach of probation. The defendant is now being held on $5000 bail.
As it stands now the defendant is being charged with breach of probation and theft under $5000.
A few points I was wondering as the case was presented to me are:
a) can he be held and charged for breach of probation for a crime he has not
been commited of as 'theft' is a crime but not a direct breach of his probationary terms per se
b) How strong of a case does the defendant have with regards to mens rea with mitigating circumstances
c)Can a person be entraped by someone other than a law enforcment officer
d)As per the definition of 'Room and Board' [Lodging and meals earned, purchased for a set fee, or otherwise provided]
having provided the landlord with his end of the deal (the social assistance cheque) is he not entitled to his meals as per the contract; how is he to obtain these meals with no food or means to obtain food.What is the name of your state (only U.S. law)?
A friend was once convicted of grand larceny. They were placed on house arrest and subject to terms of probation. The house arrest was served and ended on or about 1 month ago. Probation was set to end on or about June 1, 2010.
The defendant was receiving social assistance and living with a friend. The friend as well as the defendant agreed to terms of room and board for a sizeable portion between the amount of 80 and 90% of the social assistance cheque.
The friend/landlord and her significant other left on vacation for two weeks leaving the defendant with little to no food in the house. Having recently given the landlord the amount of social assitance stated above had no means of feeding ones self.
The defendant upon searching for food or means to obtain food came upon the amount of or about $200 laying inside a kitchen cupboard. The defendant used this money for transportation and food. The defendant intended to inform the landlord of the action at the first available moment when they returned and furthermore would promise to return the money on a specific date.
The landlord and their significant other returned from said vacation 2 weeks later-late in the evening and the defendant was asleep. Upon waking up the defendant learned that the money had already been discovered as missing and at that point had informed the landlord and the significant other of the situation and the intent of repayment.
Understandibly the landlord was shocked and kicked the defendant out, while ending their friendship.
The defendant then immediatly informed his probation officer of the situation and furthermore reported to the local law inforcment office of the actions. During his conversation with his probation officer he learned that the situation had already been reported to the local authorities. The officer to whom he spoke said the defendant did not need to come down and write a statment however the defendant chose willingly to do this.
Upon finishing the statment the defendant was immediatly placed under arrest for breach of probation. The defendant is now being held on $5000 bail.
As it stands now the defendant is being charged with breach of probation and theft under $5000.
A few points I was wondering as the case was presented to me are:
a) can he be held and charged for breach of probation for a crime he has not
been commited of as 'theft' is a crime but not a direct breach of his probationary terms per se
b) How strong of a case does the defendant have with regards to mens rea with mitigating circumstances
c)Can a person be entraped by someone other than a law enforcment officer
d)As per the definition of 'Room and Board' [Lodging and meals earned, purchased for a set fee, or otherwise provided]
having provided the landlord with his end of the deal (the social assistance cheque) is he not entitled to his meals as per the contract; how is he to obtain these meals with no food or means to obtain food.What is the name of your state (only U.S. law)?
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