What is a likely sentence for Burglary

[happybug]

What is the name of your state (only U.S. law)? CA

I am wondering what sentence a person can expect for a Burglary conviction in CA? ( County is Los Angeles ) An 18 year old and a friend broke into his next door neighbor's home and took jewelry. The police figured it out pretty quickly and the boys admitted the theft. All items were recovered. The policeman said he would recommend a misdemeanor charge because they did admit the theft and helped with the recovery of the items. Also, because it is a first offense for both. Would it help a great deal to hire a private attorney or would the outcome be much the same as with a public defender?

If you have any other questions, I can try and answer them. Thank you so much.

 

[AlmostALawyer]

Your facts are kinda contradictory. You first ask what the penalty is for a burglary conviction, but then you state the cop would recommend a misdemeanor charge. What was your friend charged/convicted of? Has he even gone to trial? Has he been offered a plea agreement?

I don't think a private attorney would be a bad idea if someone has the money to pay for it...

 

[happybug]

I don't mean to contradict. I am not sure if the boys have been charged yet. The facts I stated of the actual crime are correct. One of the boys in question is my best friend's son. We are at her home now. The crime was committed yesterday and the admission/recovery was today. After the recovery, the police returned to my friend's home. Her son was out. He explained what they had found out and that the items were recovered. That was when he said he would recommend a misdemeanor. Before he left, he asked that she have her son call him once he returned home. She is beside herself because she fears her son has ruined his life and also because the neighbors are their friends. She doesn't know if she should call a lawyer or even how to find one. She can't afford a large legal fee or even a moderate one but can probably manage to borrow some money for this. It would most likely take her the rest of her life to repay it but she will do it if it needs to be done.

I hope that gives you a better understanding but if you have any other questions, please ask.

 

[AlmostALawyer]

Obviously, your friend has some tough decisions to make. I feel for her situation. There are many variables involved and no way to state for certain what will happen with your friend's son. I would recommend contacting an attorney. You can find one in the yellow pages, the internet, or call around and talk to friends who might have had a positive experience with a particular lawyer.

Why does the cop want to speak with her son? Did he say? Have they indicated that they are going to arrest him? Have they indicated that he can stay at home with mom?

 

[happybug]

The policeman does not seem eager to arrest her son. The second time he was there was after the recovery and he wanted to speak to her son. The friend was the one who took the items to a pawn shop/jeweler and once the friend told them the name of the place they were able to get everything back. The policeman just asked that her son call him once he got home. My personal experience with such matters is limited to TV but I was a bit surprised that it was so casual. I expected him to ask her to bring her son to the station or try and figure out where he is.

The police have been nothing but friendly and helpful throughout the situation. So far, my friend, her son and the friend have been honest and open with them. Once we looked up the penalties for Burglary, our hearts fell. From what we can tell, because a residence is involved, it is first degree. That would take the misdemeanor out of the equation. Now, we are concerned that up front, honesty could cause problems. I can't imagine the police would deceive us into believing this is much less serious than it actually is. Especially, after the admission of guilt and recovery of items. Also, these officers are people we see frequently. ( It is a very small town considering it is in L.A. County. ) I just don't want my friend or her son to get blindsided down the road.

Oh, 1 more thing. My friend's son did not actually go in. I'm not sure if that matters legally as he was a willing participant. He was outside making sure no one came home. He did not go to the pawn shop/jeweler and the friend had all of the money from the sale of the items.

 

[>Charlotte<]

Whoa.

Please understand, I have the greatest respect for police and say this with absolutely no animosity for their position, but they are not his friends. I'm sure they see a lot worse and they may very well think that, comparatively, this is a kid who just needs a little incentive to straighten out and fly right. But the police are not his friend. It is their job to gather enough facts and evidence to present to the D.A. so that the D.A. can make the decision on if and how he wants to prosecute. I'm not saying they're not being sincerely friendly, but they have a job to do.

If he can get the money for an attorney he may not qualify for a public defender, so that might be a moot issue. He needs to find an attorney to help him navigate this (many offer free or low-cost initial consultations).

This is a link to the L.A. County P.D.:
http://pd.co.la.ca.us/

 

[happybug]

HE can't get any money for a lawyer. He just graduated and has nothing of his own. His Mother could not even afford a lawyer herself. She would need to get a loan and possibly borrow from his Grandparents. She does not want to speak to his Grandparents yet because they are elderly and not in good health. Her Father was in the ICU less than a month ago. She doesn't even want to tell them what is happening unless there is no other choice. I will have her try the office you posted. Thank you.

 

[AlmostALawyer]

The friends son is an accomplice. Normally, he would be charged the same as the actor.

Charlotte is right. The police are good people. I have much respect for them, but they are trying to do their job. They want their job to be as easy as possible, and your friend's son and his legal interests are the least of their priorities. Good Luck!

 

[happybug]

Thanks so much. That thought didn't even occur to us until after the fact. It hit us really hard when we found the 6 year prison sentence for residential burglary. I really hope we don't find out that we should have just shut up and requested a lawyer. It is just so hard to know better when you are thrown into a completely forgein situation. If someone asks a question, we answer truthfully. That is just our basic nature and automatic response. Thanks so much for your help and I will try and update once we know more.

 

[StevenJ_420Law]

The difference between a PD and a paid attorney may be a slightly better deal.

How much did they steal?

They will face a host of charges and likely some felonies (DA's like to charge felonies even if they intend to reduce later; it helps encourage the defendants to plea).

Stuff like this is pretty serious... but with a nil record, it will probably end up with probation but very possibly facing prison time if they blow probation.

Cops are not your friends nor do they make charging decisions. A DA /DA investigator will review it and decide what charges they will face. Its very possible they are remanded or the DA gets a warrant for their arrest right when they file charges, as well.

 

[happybug]

I said I would update and now have a moment to do so. I am praying I won't need to update again.

To keep this less confusing, I will call my friend's son "son" and his friend "friend". The next time we spoke to the police we were told that friend's fingerprint was found on a piece of glass from the broken window. Friend was taken into custody and stated that son had never entered the home. The police said that they were not going to charge son at all.

Here is where our praying starts. I will be the first to admit my legal education is limited to television dramas so, my thoughts may be totally off base. My TV education has led me to believe that the police do not really get to decide who is charged. The DA is the agency that makes that decision. Hopefully, this family is not blindsided at a later date but as of now the police say they are finished with him.

 

[happybug]

Well, my prayers have not been answered. In this past Saturday's mail were 8 letters from criminal attorneys, they were advertising sort of things. Monday there were a few more. My friend and her son went down to the courthouse to see if they could figure out what was going on. They found out her son is scheduled for arraignment on 8-25. The charge is Felony Burglary. The following day, he received a letter in the mail from the courthouse. It is a notice to appear. It is kind of odd. It is on Superior Court letterhead, and written in letter form. All it says is, Notice to appear, Case number xxxxxxxxxxx, Mr. so and so you are ordered to appear for Arraignment on August 25th, 2010 at 00:00. This is followed by the address of the courthouse. Failure to appear may result in the issuance of a bench warrant for your arrest. At the bottom is a certificate of mailing. No where on the letter are the charges mentioned. The police never arrested him. The only reason they know the charge is because the checked at the courthouse when he was getting Ads from criminal lawyers.

I know the Arraignment is where he would plead guilty or not. Do they offer the services of a Public Defender at Arraignment? If so, would it be before or after he pleads? If not, when is that done? Also, would he be arrested at the arraignment and should they try and be prepared to post bail?

Thanks so much!

 

[FlyingRon]

The "arraignment" is where he will be notified of the exact charges. This is where he requests the PD and they will start the ball to determine if he qualifies. He should enter a plea of not guilty, a judge will enter a not guilty plea if he doesn't make one or acts confused or inconsistently as to what his plea ought to be.

 

[happybug]

The "arraignment" is where he will be notified of the exact charges. This is where he requests the PD and they will start the ball to determine if he qualifies. He should enter a plea of not guilty, a judge will enter a not guilty plea if he doesn't make one or acts confused or inconsistently as to what his plea ought to be.

Thank you SO much!