Attempt - First Degree Residential Burglary

[k1nto]

What is the name of your state? California

COUNT 1 (The gist of it): ...in violation of Sections 664-459-460(a) of the Penal Code (ATTEMPT-FIRST DEGREE RESIDENTIAL BURGLARY), a FELONY... did unlawfully attempt to enter an inhabited house, trailer coach, and inhabited portion of a building... with the intent to commit larceny.

...further alleged the above offense comes within the meaning of Penal Code section 462(a)

I have a couple questions...
- What would you say the average punishment is for this?
- Later in the letter it says that the parent shares the punishment. Would this mean that should my brother be declared guilty & receives time in Juvi, my mom would also be sent to prison?
- Do you think the fact that he was 1 month away from being 18 when this happened will have a major effect on the sentence, or have a possibility of him being tried as an adult?
- Should I hire a private lawyer, or would it be okay to go with a court-appointed attorney?
- I don't understand two of the phrases used within the letter. "PRO PER PRE-TRIAL" & "PETITION DECLARE MINOR A WARD"... what do these mean?

Thank you for any and all help... needless to say, this is all very overwhelming for me.

 

[Ozark_Sophist]

Your brother requires an attorney. A private attorney is generally a better option if finances are available.

 

[CdwJava]

I have a couple questions...
- What would you say the average punishment is for this?

The Penal Code indicates he can be imprisoned for 2 to 6 years. However, depending on his history, the details of the case, etc., he could get off with probation and a fine ... or maybe prison and the fine ... there's no way to predict what his county and local court will do to him in this circumstance. Only a local attorney familiar with his local court can say with some certainty.

- Later in the letter it says that the parent shares the punishment. Would this mean that should my brother be declared guilty & receives time in Juvi, my mom would also be sent to prison?

Unless she has been charged, no, it does not mean she will go to prison. I can only imagine that it is referring to her having to be responsible for his punishment (to pay fines and costs associated with his incarceration) ... assuming, of course, that he is a minor.

- Do you think the fact that he was 1 month away from being 18 when this happened will have a major effect on the sentence, or have a possibility of him being tried as an adult?

They could have an effect ... he'll know when they go to court.

- Should I hire a private lawyer, or would it be okay to go with a court-appointed attorney?

If his parents can afford a private attorney, he will likely not be allowed a court appointed one.

- I don't understand two of the phrases used within the letter. "PRO PER PRE-TRIAL" & "PETITION DECLARE MINOR A WARD"... what do these mean?

It depends on how the term is used. I suspect the first means that he does not have to appear with an attorney for the first pre-trial hearing (though I can't say for certain because I do not know the context of the use of the phrase). The second phrase refers to a standard petition effectively applying to establish jurisdiction over the juvenile. The initial hearing in a juvenile matter in CA is usually the Jurisdictional Hearing. That will be where the state will show that there is good cause to believe a crime has been committed and that the defendant committed the crime, thus, the juvenile court should exercise jurisdiction over the minor.

Oh, this can also be a strikeable offense ... i.e. he will have a first strike on his criminal history.


- Carl

 

[>Charlotte<]

I believe "Pro Per" means "for ones self", as in representing ones self instead of hiring a lawyer. I'm not 100% sure of that. That is what "pro se" means, but I'm not entirely clear on whether "pro per" and "pro se" mean exactly the same thing.

"Petition to Declare Minor a Ward" means a petition by the State of California to declare the minor a ward of the court. That means the court would make decisions on the minor's behalf instead of the parents, or at least limiting the control a parent (or guardian) has over the minor.

Edited to add: OP, you'll notice my definition of "ward" isn't exactly the same as CdwJava's. I believe mine is technically correct because I looked it up and that's what I found, but it might also depend on the context in which the phrase is used. Please note that CdwJava is a California law enforement officer and has infinitely more knowledge than I do, so if it's either/or, go with him.

 

[CdwJava]

Clt - the term "ward" is often used in reference to any minor who comes under the jurisdiction of the court. And, I kinda mis-spoke before ... the "jurisdictional hearing" is essentially the court trial. It's the first hearing that we, the police, are usually involved in ... hence the reason I thought of it as the first hearing even for the defendant. However, there can be a number of earlier hearings for the defendant, and the first of these might be able to be handled pro per ... though, again, without knowing the context of the phrase in the document, it's hard to say.

When in doubt, consult an attorney who can review the case directly.

Here is a link with info about the CA Juvenile Court Process:

http://www.courtinfo.ca.gov/selfhelp/family/delinq/process.htm

And, this link:

http://www.courtinfo.ca.gov/selfhelp/family/delinq/arrested.htm



- Carl

 

[>Charlotte<]

Which is why statutes confuse the heck out of me. I always find something that seems contradictory, and it's usually because it's all about the context.

Thanks for the lesson, Carl.

 

[CdwJava]

Which is why statutes confuse the heck out of me. I always find something that seems contradictory, and it's usually because it's all about the context.

Thanks for the lesson, Carl.

Well, my knowledge is more functional than theoretical, so I do not know all the grand and flowery terms - and I occasionally am a little off the legal definition mark ... there are learned folks that attend many more years of schooling than I, just so they can spend days, weeks, and hours evaluating the decision I had to make in seconds.

- Carl