Drunken Mistake Leads to Resid. Burglary Charge

[codon blue]

This is in Washingtion State. I am writing on behalf of a good friend of mine, who is one of the most passive guys I know. He has been in jail for the past three months awaiting his trial for residential burglary. Here are the details surrounding his arrest: He was visiting an old friend who lives in a mobile home park. My friend got very intoxicated and went to his car for something, and in his drunken stupor made a mistake and went to the trailer next door to his friend's house. Apparently, it was around 2 am, and my friend was banging on the wrong trailer, who is owned by a grouchy old lady. Long story short, he must have woke this lady up and when she opened the door he probably barged in and was acting beligerent or stupid or something. He can't remember because he blacked out and he wound up being taken to the hospital for alcohol poisoning. Anyway, the lady must have called the police and my friend was taken from the hospital straight to jail where he is currently being charged with residential burglary. They want him to take a plea bargain of 15 months or they say they will add some sexual motivation charge to it. I can't believe they are charging him with anything other than criminal trespassing and public intoxication. I'm sure his friend (in the trailer next door) explained to the police that he was visiting her and must have went to the wrong trailer by mistake because he was so intoxicated. Does anyone think he could actually get convicted of this considering the circumstances?

 

[Antigone*]

This is in Washingtion State. I am writing on behalf of a good friend of mine, who is one of the most passive guys I know. He has been in jail for the past three months awaiting his trial for residential burglary. Here are the details surrounding his arrest: He was visiting an old friend who lives in a mobile home park. My friend got very intoxicated and went to his car for something, and in his drunken stupor made a mistake and went to the trailer next door to his friend's house. Apparently, it was around 2 am, and my friend was banging on the wrong trailer, who is owned by a grouchy old lady. Long story short, he must have woke this lady up and when she opened the door he probably barged in and was acting beligerent or stupid or something. He can't remember because he blacked out and he wound up being taken to the hospital for alcohol poisoning. Anyway, the lady must have called the police and my friend was taken from the hospital straight to jail where he is currently being charged with residential burglary. They want him to take a plea bargain of 15 months or they say they will add some sexual motivation charge to it. I can't believe they are charging him with anything other than criminal trespassing and public intoxication. I'm sure his friend (in the trailer next door) explained to the police that he was visiting her and must have went to the wrong trailer by mistake because he was so intoxicated. Does anyone think he could actually get convicted of this considering the circumstances?

The last time I saw the FA crystal ball, cyjeff was using it as a bowling ball. Poor crystal has not been the same since. She refuses to come out of her room.

So, I'd have to give you a guess of the top of my head. I'd say your buddy definitely has a chance of being convicted of the charges against him. Who knows maybe he will sober up while doing his time.

 

[BL]

Does anyone think he could actually get convicted of this considering the circumstances?

Sure he could .

As many of Judges have said and will say , intoxication is no excuse .

You/your friend had control over picking up alcoholic drinks.

And since he was in a black out , he could have been trying to get some hanky panky .

He could alway ask for a bench trial and hope the Judge is in a good mood that day.

Since he had an episode of a black out perhaps being enrolled in an alcoholic treatment program before court date might get him some leniency.

 

[Isis1]

The last time I saw the FA crystal ball, cyjeff was using it as a bowling ball. Poor crystal has not been the same since. She refuses to come out of her room.

So, I'd have to give you a guess of the top of my head. I'd say your buddy definitely has a chance of being convicted of the charges against him. Who knows maybe he will sober up while doing his time.

someone needs to bring in a therapist for crystal. maybe coax her out with a bottle of wine?

OP, your friend, is in some serious trouble. i hope he's consulting with an attorney.

 

[cyjeff]

someone needs to bring in a therapist for crystal. maybe coax her out with a bottle of wine?

OP, your friend, is in some serious trouble. i hope he's consulting with an attorney.

Nope, she is still pouting over the "turkey" incident.

Your friend's biggest issue is that he doesn't KNOW what happened. Therefore, it is only the victim's testimony that will have any weight. That is why the necessity of very competent legal counsel is his only hope.

I would avoid descriptions of the victim along the lines of "grouchy old lady". Most people, including yourself, would be grouchy at 2am with a drunken idiot banging on the door demanding to be let in.

On the plus side, he survived the experience. Barging into the wrong home like that could have been a life changing situation.... more than it is.

 

[codon blue]

Definition of Residential Burglary

RCW 9A.52.025
Residential burglary.
(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle

It should be obvious to a jury of 12 reasonable people that my friend did not have that intent, since he was partying next door and was so intoxicated he could hardly walk, let alone plan to commit a crime. I agree, that intoxication is no excuse for breaking the law. The question is which law did he break? Certainly not "residential burglary", criminal trespassing is closer to the truth.

The Prosecutors in our County are bloodthirsty, and too many innocent people have taken plea bargains just to get out of jail and get a decent meal. I am advising my friend to go to jury trial and get up on the stand to explain the truth. I can not believe any reasonable person, knowing the definition of the crime, would find my friend guilty.

 

[Isis1]

RCW 9A.52.025
Residential burglary.
(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle

It should be obvious to a jury of 12 reasonable people that my friend did not have that intent, since he was partying next door and was so intoxicated he could hardly walk, let alone plan to commit a crime. I agree, that intoxication is no excuse for breaking the law. The question is which law did he break? Certainly not "residential burglary", criminal trespassing is closer to the truth.

The Prosecutors in our County are bloodthirsty, and too many innocent people have taken plea bargains just to get out of jail and get a decent meal. I am advising my friend to go to jury trial and get up on the stand to explain the truth. I can not believe any reasonable person, knowing the definition of the crime, would find my friend guilty.

since he has no memory of the situation, how do you KNOW he didn't intend to commit a crime? he might have had a really stupid idea in his head that he wouldn't have had if he was sober.

his defense isn't strong. he needs an attorney.

 

[cyjeff]

Further, you do not have to steal anything to be convicted of burglary.

If he had clear intent to enter the house even if the "grouchy old lady" said for him to leave, there would be the intent.

He was told to leave, he didn't... intent.

 

[codon blue]

Nope, she is still pouting over the "turkey" incident.

Your friend's biggest issue is that he doesn't KNOW what happened. Therefore, it is only the victim's testimony that will have any weight. That is why the necessity of very competent legal counsel is his only hope.

I would avoid descriptions of the victim along the lines of "grouchy old lady". Most people, including yourself, would be grouchy at 2am with a drunken idiot banging on the door demanding to be let in.

On the plus side, he survived the experience. Barging into the wrong home like that could have been a life changing situation.... more than it is.

I agree that anyone would be angry or scared if some drunken idiot was banging on their door in the middle of the night. I would have probably called the police too. It is too bad that, like you said, he can't remember anything, so the victim's testimony is all they have to go on. I was only referring to the lady as "grouchy and old" based upon what the girl next door said about her from past experiences. I have known my friend for 20 years and I have seen him so drunk that he had to be carried to a car and driven home. The worst thing he does is argue about stupid things and stumble into stuff. He has never been in a fist fight in his whole life and he is going on 50 years old. He always tries to see the good side in everyone. I think he makes bad choices and combined with a little bad luck, well, look where he is. I told him to grow up and stop doing things to excess. One of my favorite quotes is, "If you always do what you've always done, then you'll always get what you've always gotten".

 

[cyjeff]

I agree that anyone would be angry or scared if some drunken idiot was banging on their door in the middle of the night. I would have probably called the police too. It is too bad that, like you said, he can't remember anything, so the victim's testimony is all they have to go on. I was only referring to the lady as "grouchy and old" based upon what the girl next door said about her from past experiences. I have known my friend for 20 years and I have seen him so drunk that he had to be carried to a car and driven home. The worst thing he does is argue about stupid things and stumble into stuff. He has never been in a fist fight in his whole life and he is going on 50 years old. He always tries to see the good side in everyone. I think he makes bad choices and combined with a little bad luck, well, look where he is. I told him to grow up and stop doing things to excess. One of my favorite quotes is, "If you always do what you've always done, then you'll always get what you've always gotten".

If your friend still gets drunk to this point at 50 years old, he has a serious problem with alcohol.

The best thing he could do would be to start the treatment now that the court will order anyway.

The sooner her learns to live without alcohol, the longer he will live.

 

[Isis1]

If your friend still gets drunk to this point at 50 years old, he has a serious problem with alcohol.

The best thing he could do would be to start the treatment now that the court will order anyway.

The sooner her learns to live without alcohol, the longer he will live.

you are just asking for a particular poster to change posts and start his rants of "not an alcoholic" aren't you???

 

[Proserpina]

you are just asking for a particular poster to change posts and start his rants of "not an alcoholic" aren't you???

Mmhmmm....

 

[cyjeff]

you are just asking for a particular poster to change posts and start his rants of "not an alcoholic" aren't you???

I understand that.

When I read this, I figured it was a kid in his early 20's. We all did some stupid crap then.. though, I will admit, I never broke into a trailer and fondled a grandma (OP, that was a joke... step away from the anger).

However, to find out that the person in question was routinely blacking out at half a century old... that means that he is seriously and negatively impacting his life span.

And there is no time to waste.

 

[BL]

RCW 9A.52.025
Residential burglary.
(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle

It should be obvious to a jury of 12 reasonable people that my friend did not have that intent, since he was partying next door and was so intoxicated he could hardly walk, let alone plan to commit a crime. I agree, that intoxication is no excuse for breaking the law. The question is which law did he break? Certainly not "residential burglary", criminal trespassing is closer to the truth.

The Prosecutors in our County are bloodthirsty, and too many innocent people have taken plea bargains just to get out of jail and get a decent meal. I am advising my friend to go to jury trial and get up on the stand to explain the truth. I can not believe any reasonable person, knowing the definition of the crime, would find my friend guilty.

Throw that theory out the window .

I wonder how many folks are in prison doing hard time for something they can't remember doing because of a stupor ?

It's NO excuse . It don't hold water .

You do the crime ,you do the time ..

Oh quit enabling your friend . True friends would not.

 

[cbg]

I think he makes bad choices and combined with a little bad luck, well, look where he is.

This has nothing whatsoever to do with bad luck and everything to do with bad choices. I'm not directing this at you specifically, at least not solely, but I'm really getting tired of seeing people try to justify themselves and/or abdicate their responsibility by blaming their bad decisions on bad luck.