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Felony Breaking and Entering

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m15ty

Junior Member
What is the name of your state? Idaho

My brother was currently involved in a group of kids who decided to go and break in to a restaurant. One of my brothers "friends" worked at this restaurant and left the doors open one night after work - then he went up to his home where there were about 10-15 people hanging out. He then told a few of his friends that he had left the door to this place open and that they were going to go in and take the alcohol out of this place.

So, off these really "cool" kids go down to the restaurant. Three of them entered (my brother being one of them - also he was the oldest (18)) and the one who left the door open decided that he didn't want to actually go in, so he was going to watch from outside.

They took quite a bit of liquor out of the liquor cabinet at this place and took off with it.

The next day my brother called me crying - told me what he did and wanted my help in returning the stuff to the restaurant. I talked with my (our) mother and figured out that the best way was just for him to go accept responsibility and take it back. He called the other boys and let them know that he was going in to take it back and so 2 of the three boys who went inside, and the one who stayed outside all went to return the stuff together. Those same three boys also payed the owner of the business $550/each for restitution (some of the stuff had been taken / stolen from them when they brought it back to this kids house)

When my brother and the two others went to turn themselves in to the owner, there was a cop there following up on a report and so they all wrote out and signed confessions.

We got the paperwork in the mail about a month later (recently) saying that they were charging him with felony Breaking and Entering (which to my understanding is a 2-20 yrs / federal prison term) What are the chances of getting this reduced?

We have on the good side: He turned himself in. He paid restitution to the owner. He is in college. He has good grades. We have 30+ people who are going to write, or have written, good character references for him. He has never even had a detention in school or had any problems in school. He has never had any previous problems with the law.

I am wondering if it is overly hopeful on my part to think that we might get this dropped to a misdemeanor of some sort??? I am worried about him of course, I don't want him to spend jail time over something so stupid and something that he obviously figured out. He did make a mistake, but also took the steps that he was able to make to rectify the situation on his own - will that count for anything? I also am worried that if he gets a felony crime on his record that he will not be able to continue his colledge education as he is only able to go through grants/loans, etc. As far as I know you can't recieve that funding anymore if you are convicted of a felony charge.

Hopefully someone can help me out. I am hoping that it just looks worse than it is.

Misty
 


DarkLogan

Junior Member
Maryland

I'm not a lawyer but I'm no saint either. I think he will get some sort of probation. He seems to be a good kid who just messed up one time. He also did all the right things to fix what he did. So unless he gets a really hard nosed jugde he should come out with nothing more then probation before judgement. Which is a slap on the wrist.
 

m15ty

Junior Member
Also another bit of good news. The lady who owns the business that they took the stuff from has now written to the prosecuting attorney and stated that they have done everything right - that they made a mistake. She says that she knows these boys and that they have done everything, including paying restitution and that she thinks that it would be completely innapropriate for these boys to be charged with a felony crime, or to do any jail time. She thinks that they have suffered enough. So hopefully they will take a little of her advice at least.
 

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