is my teen being overcharged?

What is the name of your state? ohio my 15 year old skipped school on 9-17-03 with friends and went into the freinds uncles house thru an unlocked door and took a case of beer. got caught and is charged with two felonies. burglary 3 and 4 degree, and two counts of deliquent child. any advice would be great. thanks pam

[JETX]

"any advice would be great"
*** You only need TWO pieces of advice:
1) Get him an attorney, and
2) Get him into some type of program. This is very likely NOT the first, or last, problem he is going to bring you.

he has a public defender that hasnt found the time to talk to him yet. my son is still in detention but his grandma isgonna find him a lawyer. what is the difference in the 3rd and 4th degree felonies?

[HomeGuru]

Originally posted by psue03
he has a public defender that hasnt found the time to talk to him yet. my son is still in detention but his grandma isgonna find him a lawyer. what is the difference in the 3rd and 4th degree felonies?

**A: just 1 degree.

3rd degree penalties are more serious and tend to carry a higher sentence/fine than 4th degree.

[stephenk]

why does grandma have to pay for his attorney?

[HomeGuru]

[quote]Originally posted by stephenk
[b]why does grandma have to pay for his attorney?

**A: cuz she got run over by a reindeer waking home from their house Christmas eve. Grandma had a good attorney and got a hefty settlement package.

Let him do his time, he earned it.

[JETX]

Ohio Revised Code:
"§ 2911.12 Burglary.
(A) No person, by force, stealth, or deception, shall do any of the following:
(1) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense;
(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;
(3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense;
(4) Trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.
(B) As used in this section, "occupied structure" has the same meaning as in section 2909.01 of the Revised Code.
(C) Whoever violates this section is guilty of burglary. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree. A violation of division (A)(4) of this section is a felony of the fourth degree."

§ 2929.14 Basic (adult) prison terms.
"(1) For a felony of the first degree, the prison term shall be three, four, five, six, seven, eight, nine, or ten years.
(2) For a felony of the second degree, the prison term shall be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall be six, seven, eight, nine, ten, eleven, or twelve months."

i know i know you think he is a bad kid. but this is his first time in detention and two wrongs dont make a right. if the prosecutor is just trying to set the stage for a felony conviction by charging two instead of one that sucks.because if they do offer a plea bargain i am sure one of the felonies will stay on the table.oh well life goes on for a poor family. pam

[JETX]

"but this is his first time in detention and two wrongs dont make a right."
*** That certainly is a curious statement for you to make.

So, how many times has he been 'handled' by the police??
And what are you implying are the 'two wrongs' here?

my son did something that was very wrong. he walked into a house and stole a cooler full of beer. the other wrong is the prosecutor charging a 3rd degree felony for that beer. and a 4th degree felony for going into the house.my son needs to be punished, but not that strong.this is his first offense and he is facing time in juvenile jail. i am just a worried mom looking for some advice. pam

[JETX]

I know that you are blinded by the emotion of this being your son, but I really don't see TWO wrongs here.

1) Your sons actions were apparently a crime.
2) The prosecutor is applying the laws as set by the state to the crimes that he committed. If the charges brought comply with the conditions as set by the statute, then they are not 'wrong'.

You may feel that the charges may be excessive, but as long as the crime meets the specific charges, then the prosecutor is doing the job that you and the other voters elected him to do. Simply, the prosecutor is NOT the party in the wrong.

you are right this is very emotional for me.it makes me question where i went wrong instead of where he went wrong.his granny hired a lawyer yesterday to help out. we are hoping for a good plea bargain to keep him from getting a jail sentence. thankyou for the responses and advice. pam

Originally posted by JETX
"any advice would be great"
*** You only need TWO pieces of advice:
1) Get him an attorney, and
2) Get him into some type of program. This is very likely NOT the first, or last, problem he is going to bring you.