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16 y.o. tried as an adult - North Carolina

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D

dbk777

Guest
What is the name of your state? North Carolina

North Carolina Charges; Felonious B & E (14-54(a)) Felonious Larceny (14-72(b)(2)) On indictment forms; Injury to real property G.S. 14-127 (3 counts)

My son and other boys (3) first walked by a convenience store, broke the glass in a gas pump, then one boy threw a brick through the door window. My son ran back to the shed at one of the boys homes, while one other threw a brick through a restaurant window and continued home, not to return. This boy was not involved in the arrest.

Soon afterward, the three remaining boys went out again, broke the door on a church and entered.
One one boy slashed upholstery on chairs and he and another sprayed fire extingushers, causing a great mess as it went through the ventalation system.

During that time, my son broke a door into the office and stole pens, paper clips & various office supplies then went into the kitchen in search of food. He is willing to admit to and be penalized for what he did do and is willing to make restoration.

He immediately sought employment to start saving to pay for damages.
He is a minor, 16 years old. They are going to try him as an adult because of the felony.

He was questioned without parents present, nor was he asked if he wanted them (NC G.S. 7B-2101 (a)3).

His name was published, now three times in the local newspaper, doesn't G.S. 7B-3100 say that's illegal? Also his address was published twice.

G.S. 14-54 says to be felonious, he must have broken into and entered with the intent of committing a felony or larceny. How do they know intent?

Apparently there has been a transfer hearing and we weren't notified or asked if we wanted to be heard pursuant to 7B-2203.

The DA's office has offered a plea bargain; guilty to all with a suspended sentence, restitution while on supervised probation. serve 30 days active on a split sentence? I think NOT.

The church claims over $100K in damages, due to fire extinguishers. My son did not touch one fire extinguisher, we will pay for the door he broke and the stolen items (valued at approx $130, but he didn't do any other damage).

I feel some procedures were not correct and or lawful and am wondering if we have an out because of this.

Also, were we damaged by the publishing of his name and address in the paper, were the police neglegent of the law in releasing a minor's name?
He was charged and will be tried as an adult, but innocent until proven guilty, no?

We want our son to pay consequences and actually he is ready also. We also have him scheduled for some counseling for this and other issues in his life.

His best friend committed suicide at Christmas last year and he hasn't fully recovered, if he ever will....

Thank you for your time, and we are looking forward to all responses...
 


M

Meursault

Guest
G.S. 14-54 says to be felonious, he must have broken into and entered with the intent of committing a felony or larceny. How do they know intent?
Intent can be proven by the results of the deed.

The DA's office has offered a plea bargain; guilty to all with a suspended sentence, restitution while on supervised probation. serve 30 days active on a split sentence? I think NOT.
Instead you'd have him go to prison?

The church claims over $100K in damages, due to fire extinguishers. My son did not touch one fire extinguisher, we will pay for the door he broke and the stolen items (valued at approx $130, but he didn't do any other damage).
Legally, your son is just as responsible as if he did all of the damage himself simply by participating. Or do you think one of the kids held a calculator to determine separate fault?

We want our son to pay consequences and actually he is ready also. We also have him scheduled for some counseling for this and other issues in his life.
The either hire him an attorney or take the deal. It's a gift.

His best friend committed suicide at Christmas last year and he hasn't fully recovered, if he ever will....
Totally irrelevant to the issues at hand.

As for the posting of the name, that is a question of fact for a judge and a separate issue to the crime.

The D.A. has given your son a break. Unless you want to hire your son an attorney and rack up thousands in legal cost, ultimately resulting in either the same deal being offered or one not as attractive, that is your right.
 
D

dbk777

Guest
Thanks for nothing

Apparently your sarcasim and lack of really addressing the facts is why you are doing this at 6am. If you want to help people give them the info they come for, not your bs...
 

n_and

Member
Frankly, Lady, it's NOT bullcrap. What did you want to hear? Sue, sue, sue, all of your kids rights have been violated. Hire an attoney and begin the proceedings immediately. Let us know what colour your Escalade will be when you recieve your settlement.

The DA's office has offered a plea bargain; guilty to all with a suspended sentence, restitution while on supervised probation. serve 30 days active on a split sentence? I think NOT.
Then continue to use your ignorance to the best of your ability and think not. Or, use your intelligence and look up what the sentence is for the crime commited.

Good luck. :rolleyes:
 
Last edited:
M

Meursault

Guest
§ 14-54. Breaking or entering buildings generally.
(a)Any person who breaks or enters any building with
intent to commit any felony or larceny therein shall be punished
as a Class H felon.
(b) Any person who wrongfully breaks or enters any building
is guilty of a Class 1 misdemeanor.
(c) As used in this section, "building" shall be construed to
include any dwelling, dwelling house, uninhabited house,
building under construction, building within the curtilage of a
dwelling house, and any other structure designed to house or
secure within it any activity or property. (1874-5, c. 166;
1879, c. 323; Code, s. 996; Rev., s. 3333; C.S., s. 4235; 1955,
c. 1015; 1969, c. 543, s. 3; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993,
c. 539, s. 26; 1994, Ex. Sess., c. 24, s. 14(c).)


§ 14-72. Larceny of property; receiving stolen goods or
possessing stolen goods.
(a)Larceny of goods of the value of more than one
thousand dollars ($1,000) is a Class H felony. The receiving or
possessing of stolen goods of the value of more than one
thousand dollars ($1,000) while knowing or having reasonable
grounds to believe that the goods are stolen is a Class H
felony. Larceny as provided in subsection (b) of this section is
a Class H felony. Receiving or possession of stolen goods as
provided in subsection (c) of this section is a Class H felony.
Except as provided in subsections (b) and (c) of this section,
larceny of property, or the receiving or possession of stolen
goods knowing or having reasonable grounds to believe them to be
stolen, where the value of the property or goods is not more
than one thousand dollars ($1,000), is a Class 1 misdemeanor. In
all cases of doubt, the jury shall, in the verdict, fix the
value of the property stolen.
(b) The crime of larceny is a felony, without regard to the
value of the property in question, if the larceny is:
(1) From the person; or
(2) Committed pursuant to a violation of G.S. 14-51,
14-53, 14-54 or 14-57; or
(3) Of any explosive or incendiary device or substance.
As used in this section, the phrase "explosive or
incendiary device or substance" shall include any
explosive or incendiary grenade or bomb; any
dynamite, blasting powder, nitroglycerin, TNT, or
other high explosive; or any device, ingredient for
such device, or type or quantity of substance
primarily useful for large-scale destruction of
property by explosive or incendiary action or
lethal injury to persons by explosive or incendiary
action. This definition shall not include
fireworks; or any form, type, or quantity of
gasoline, butane gas, natural gas, or any other
substance having explosive or incendiary properties
but serving a legitimate nondestructive or
nonlethal use in the form, type, or quantity
stolen.
(4) Of any firearm. As used in this section, the term
"firearm" shall include any instrument used in the
propulsion of a shot, shell or bullet by the action
of gunpowder or any other explosive substance
within it. A "firearm," which at the time of theft
is not capable of being fired, shall be included
within this definition if it can be made to work.
This definition shall not include air rifles or air
pistols.
(5) Of any record or paper in the custody of the North
Carolina State Archives as defined by G.S. 121-2(7)
and 121-2(8).
(c) The crime of possessing stolen goods knowing or having
reasonable grounds to believe them to be stolen in the
circumstances described in subsection (b) is a felony or the
crime of receiving stolen goods knowing or having reasonable
grounds to believe them to be stolen in the circumstances
described in subsection (b) is a felony, without regard to the
value of the property in question.
 

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