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2 Felony counts breaking without entering

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M

momof3boys*

Guest
What is the name of your state? Michigan

My two sons, ages (at the time) 15 and 17, along with two friends, who were also brothers of the same age, vandalized our high school. The four boys went together on one weekend causing $1800 damage. Just my two boys went the following weekend, causing $2300 in damage.

The friends were staying over at our house and we had gone to bed. They were back before we ever woke up.

We heard rumors that our boys had done it and sat them down and discussed it. We were heartbroken to find that they had. We called the local police in our small town and set up an appointment for them to turn themselves in. We also contacted the parents of the other boys and they made plans to come with us and have their sons turn themselves in also.

It took a month from the time they turned themselves in till they were arrested. Only the two 17 year olds were arrested. We left ours in jail overnight, went to his arraignment and got his bail lowered from 10% of $5000 to 10% of $1000. The other boy bonded out the same afternoon for $500.Our son is charged with 2 counts Felony Breaking without Entering.

Our son requested and was appointed a lawyer from the court. The judge acknowledged our presence and that we had the boys turn themselves in. He said there was a good word for us and our son from the local officers. He said we handled it in an exemplary manner.

Our fifteen year old has since gone to a juvenile adjudication hearing. He was charged with Breaking without Entering and Malicious Destruction of Property over $2000. but under $20,000. He was given 20 hours community service, 6 months probation and ordered to pay restitution.

My 17 year old has his preliminary hearing on August 31, 2004. We have never heard from his attorney. I reached him in mid-July and he told me he didn't have the police report yet and to "call him back in a few weeks". I have called repeatedly, went to his office and have never reached him.

I called the Criminal Court clerk and she said the only thing i could do was bring something in writing saying we were having "trouble" with the attorney.

Is it normal to not speak to a court appointed attorney until the prelim? We dont want to see him charged with felonies at this young age. Given that he turned himself in, is in school, has gotten a job and saved nearly $500 and that we will be paying his restitution ourselves within 2 weeks .....

What is he liable to end up with. We are assuming the attorney will plea bargain. Is it silly to think he could come out of it with fines, restitution, community service and probation like his younger brother?
 


M

momof3boys*

Guest
since i have 3 kids i am used to talking to myself, so i will answer my question :)

Michigan

Oldest son went to court today. Hearing was set for 9am but somebody scheduled our public defender for 2 hearings in 2 different courts at the same time.

We finally spoke with my sons attorney at 10am. He explained that the only option we had was to plead guilty to 1 count of B&E and the second would be dropped. In return, the PA would not contest a request to the judge to sentence him under the Holmes Youthful Trainee Act.

The act allows youth from the ages of 17-21 at the time of their crime to plead guilty,but there is no conviction and after probation period is sucessfully completed the charges are adjudicated. I may not have quite the right terms in quite the right order.

PD explained that judge would most likely go this route, though there were no guarantees. He could decide to throw the book at him and sentence him as an adult.

He also could decide to go with the HYTA but still give him jail time...even something as small as 1 weekend a month just to remind him of his foolishness.

We weren't happy with two years probation but beggars can't be choosers and from what I have researched 2 years probation is pretty standard for a felony of this nature.

Hope this helped someone :)
 

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