sentencing for burglary 2nd degree

[davdah]

What is the name of your state? CA
My 23 yrd old son was arrested last week for three counts of 2nd degree burglary in San Diego. In brief he stole money 3 times from an ATM machine using a technique he learned while he was employed. It wasn't from the employer. The amounts are over the $400.00 limit to make it a felony. The money was stolen for drugs. The drugs is not an issue in so far as the arrest is concerned. The bail was set at 30,000.00 which I paid cash. When I posted the bail last week part of the agreement is he would stay at my place under my supervision. He dissapeared the first night and I have barely seen him at all.

What I would like is for him to be locked up for a while to accomplish a couple things. One is to break him of his drug habit. He will not get help and everyone else in the family is pretending there is no problem. Also to seperate him from his girlfriend and her family. She is a recreational user and her family are dealers. I can't blame them since he takes the drugs willingly. But it may help if he isn't around them.

I have no experience with this and from what I read concerning sentencing guidlines he is looking at 16 months. However, what guidlines say and what actually happens seem to be different. I don't want him just walking away with a fine but I don't want his entire life wrecked either. I have yet to talk to an attorney. If possible, if I retain the attorney can I call the shots? There really is no defense since they have the paper trail and video of the crimes. He has inside knowledge of how the machines operate so the excuse of it being an accident is out of the question. In short they got him cold. He has no prior convictions aside traffic (speeding, parking).

Is it possible or I should say likely to have a short sentance with some jail time ( a month or two)? That is assuming they would normally not jail him for a first timer.

 

[FlyingRon]

Jail time or not (jail time is a likelyhood but I've seen soft judges before) he will certainly get supervised probation which will require drug tests most likely and treatent.

If you ever want to see that $30K again, you better find your son. Frankly, if someone did that to me, I'd revoke that bond even if I had to pay someone to hunt him down.

 

[davdah]

Didn't expect a reply so soon. Thanks. I was wondering about the bond issue. If I wanted to revoke it, how? I know where he is, with his girlfriend at their place. That was one reason I posted it myself. I know I have some control over him, but not exactly sure of how much or what I can do.

I am concerned about what will happen on Thursday which is the first court date. I'm not sure what it is for. Perhaps the entering of a plea? If he were to get probation why the drug tests? That issue isn't part of the arrest or charges. Its just something I know about. But, maybe I can make it one. Its a thought if the judge is willing to listen to what I have to add. I surely won't be one of those idiot parents tryng to get their kids off scott free. He has had enough of that with his mother. Part of why he is the way he is.

 

[CdwJava]

Jail for a first offense is not too likely - certainly not for very long if at all. However, if he has a drug problem, this should be part of the considerations for his probation.

If you have any doubt that he might not show up or that he might be doing drugs, then you should pull the plug on his bail. Contact the court and ask how you can do this.

If drug use was the reason for the crimes, I guarantee he is still using drugs and he is going to return to his old ways. Until HE wants to change, it won't happen.

- Carl

 

[davdah]

Your guarantee is good. I know he still is. The little bit of time I did see him he was stoned. This was within hours of being released no less. I hate to do it and I will get huge reprisals from his mother as she believes her sons can do no wrong. But I think I will revoke the bail, some how. If for nothing else but to keep him from getting into more trouble since his money supply has ben cut off.

Anyone know how to revoke bail? Do I cuff em and take him in? That may be a problem since he is a big guy.

 

[FlyingRon]

Didn't expect a reply so soon. Thanks. I was wondering about the bond issue. If I wanted to revoke it, how?

Depends on the state and I'm not sure how it goes in Maryland, but typically you go to the court that you bailed him out and tell them what is going on. They'll issue a warrant for him.

The WORST situation you want to be in is to not tell the court that he's not living with you and then he doesn't show up for court. You should contact them immediately.

I know where he is, with his girlfriend at their place. That was one reason I posted it myself. I know I have some control over him, but not exactly sure of how much or what I can do.

It appears you do NOT have sufficient control over him and he is not responsible enough to be trusted. Let him wait in jail.

I am concerned about what will happen on Thursday which is the first court date. I'm not sure what it is for. Perhaps the entering of a plea?

Possibly, most likely an arraignment. Have you found him a lawyer yet?

The were to get probation why the drug tests?

Drug testing is pretty standard in most probation departments (PA and VA for sure, can't imagine MD is different) regardless of the charge. If he's not clean during the test there will be treatment or other action.

Its a thought if the judge is willing to listen to what I have to add.

The judge is NOT interested in what you have to say period. Your son is an adult and his mommy is not a party to this one way or another. My suggestion is you get him a lawyer and let your concerns be made to him so that he might steer his client to do the right thing. Note that even if you pay for the attorney his duty is to your son and not to enforce your wishes.

 

[CdwJava]

Anyone know how to revoke bail? Do I cuff em and take him in? That may be a problem since he is a big guy.

Contact the court and ask them what you have to do. I do not believe you have to haul him in yourself.

If nothing else, hope he shows for his arraignment and arrange for the revocation there.

Sometimes tough love can be the best love. As I heard one parent comment when his son screamed that he would hate his father forever, "Son, I hope it is a long, healthy, and productive hate."

I just spoke to a young man yesterday who admitted to me that he had cleaned up five years ago, and the push that propelled him to get clean was a judge. Sometimes it takes an arrest and probation to compel a person to get clean. You may very well be able to get drug treatment as part of his probation if you speak to the probation officer doing the probation report when he is pending sentencing (assuming he takes a plea deal or is convicted).

- Carl

 

[msiron]

Anyone know how to revoke bail? Do I cuff em and take him in? That may be a problem since he is a big guy.

Bright question. Call DOG.

Call the BB that you paid this 30k to, go there and then sign the revocation.

You know your kid yet you paid out this money? My kid would rot before I paid a 30k cash bail.

 

[CdwJava]

Bright question. Call DOG.

Call the BB that you paid this 30k to, go there and then sign the revocation.

You know your kid yet you paid out this money? My kid would rot before I paid a 30k cash bail.

I don't think he posted a bond as he mentioned he paid $30,000 "cash".

Personally, I wouldn't post bond for anyone - even a child. I know too many people who have faced the loss of assets because of family members fleeing the jurisdiction. When drugs are involved, they usually don't care a rat's tail end about their family, only about their drugs.

- Carl

 

[GulfBreeze]

Apparently you don't watch the series "Dog The Bounty Hunter"

You simply call the person you used to bail him out, his bail bonds and say you want to revoke his bail. They will send a bounty hunter out after him and yes, it will cost. You don't think these guys work for free. Then, don't make the same mistake that some of these clowns do....post bail again. Let him sit in jail.

I am sorry. It's not you that commit the crime and stole money (probably out of someone's account...not like there is free money sitting somewhere for thief's to steal in a ATM)....and drugs is not a victim-less crime. It leaves families wrecked with just not the user. People get hurt, lose money, lose jobs. He had better realize soon that if he doesn't change his ways, it will ruin the rest of his life. He will have a record that will follow him for the rest of his life and may come back to haunt him. Not to mention the possibility that he might hurt himself or kill someone else while he is "stoned" driving or otherwise.

Drug rehab can be expensive, so letting him sit in jail for months might help, but it will take support from family and friends. He will in the end have to realize that this is not the path to take. Otherwise, he will continue this way of life. Somewhere in the course of taking him to his first day of school back when he was 5 and now, he was introduced to drugs and he strayed from being a productive member of society. The question now is, is he repentful and want to jump back on the wagon of life. He will have to answer that question. You can not. All you can do is guide him and let him decide. Bailing him out will not help him other than to give him the opportunity to continue this silly course. Explain to him his choices and that you will not be a part of it if he goes the wrong way on a one way street.

Best of luck....GB

 

[davdah]

Actually I paid the full bail amount directly at the jail. Didn't use a bail bonds. Technically I guess I am the bailbondsman. All they gave me was a bail receipt. I guess I can call the jail and ask what the procedure is to have him sent back.

 

[GulfBreeze]

Actually I paid the full bail amount directly at the jail. Didn't use a bail bonds. Technically I guess I am the bailbondsman. All they gave me was a bail receipt. I guess I can call the jail and ask what the procedure is to have him sent back.

then you try might hunting down yourself and bring along a couple people. You could also hire a bounty hunter from a local bailbond (you dont have to have an account with them) but you will need to sign papers and pay a fee. $30,000 is a lot to lose, but you have to remember also that its YOUR money, not his that is at risk. He wont lose no sleep if its gone...if he is all jacked up on drugs. This is just another example of how drugs affect others. So I would call a bailbond and ask what they can do to help if you cant hunt him down and bring him in. If you do find him, you can call the police and tell them you are the one in control of his bond and want him picked up and tell them where he is at. Show them the bail reiept and point him out. He might not like it, but hey, $30k is on the line.

 

[davdah]

Perhaps I should watch an episode of the DOG show to see what they do. it does seem all he and his girlfriend care about is their pills. He tried several times this weekend to con me out of money. Its not the money Im concerned about. I can afford to lose the bail 10 times over but it hurts to see him destroying his life.

 

[CdwJava]

Gulf, the local cops are NOT going to help out with a bond revocation ... and I have never heard of hiring a bondsman's agents to pick him up, but I suppose it is possible. But, CA law enforcement will not be involved in this issue as it is a civil matter and not a criminal one unless a warrant is issued by the court.

The way I have heard of is to have the court revoke the bail at the request of the holder of the bond/bail. At that point a warrant may issue, or, if the defendant is in court he could be remanded into custody.

- Carl

 

[GulfBreeze]

Gulf, the local cops are NOT going to help out with a bond revocation ... and I have never heard of hiring a bondsman's agents to pick him up, but I suppose it is possible. But, CA law enforcement will not be involved in this issue as it is a civil matter and not a criminal one unless a warrant is issued by the court.

The way I have heard of is to have the court revoke the bail at the request of the holder of the bond/bail. At that point a warrant may issue, or, if the defendant is in court he could be remanded into custody.

- Carl

Oh, but they will. (and i dont mean they will hunt for him...they will just handcuff him and drive him down to the pokey) You see....it is OUT on bond. If the holder wants to terminate the bond, she simply noticifies the police where he is at and have him picked up. This isnt a civil matter...its a criminal offense he committed. They are just acting on revocation. They are not re-arresting him. If the bail had not be posted, he would be in jail still. You are just simply saying that you are no longer going to be the holder of his bail. Bailbond do the same very thing except they bring them in. You are the holder can do everything (even the escorting him in part) unless you need a peace officer to do the actual bringing him in part.

and YES...you can ask a local bailbonds office what they can do. Its a business for them and they can refer you to someone who can do it.

The court can revoke the bail if they think he is a flight risk...otherwise they dont care. The bail has been posted. They will just keep the money if he is a no show.

Give you an example. If you posted bail on your self...say $30,000 and after some time, you needed that money for something else...to free it up, you would just walk into the police station and tell them that you want to turn yourself in and have your bail ended. They would return you to a cell and the money (deposit) would be released...same thing. except its her son and he isnt walking back in unless she gets him.