Drunken brother tries to enter wrong home: Arrested!

[fcwedd]

State: Michigan

Facts:

#1. My brother (age 20 - clean record) was arrested for trying to enter a stranger's home through their window (Wed - 2am).

#2. My brother was clearly drunk, as he blew over twice the legal limit.

#3. My brother was arrested, given a court date, and let go the next day - no bail required.

#4. My brother is currently being charged with Attempted Breaking & Entering.

Personal Facts:

My brother states that he thought the house he was trying to enter was mine, as this happened just one street over. The houses in my area are similar in style/size. He has never been known to do anything out of the ordinary, e.g., break the law, cause harm, etc. He's a good kid with a big heart.

I do know that the arresting officer believed his story. However, the victim is still pressing charges. What kind of trouble can he expect to be in via possible court decision?

Thank you.

 

[Antigone*]

State: Michigan

Facts:

#1. My brother (age 20 - clean record) was arrested for trying to enter a stranger's home through their window (Wed - 2am).

#2. My brother was clearly drunk, as he blew over twice the legal limit.

#3. My brother was arrested, given a court date, and let go the next day - no bail required.

#4. My brother is currently being charged with Attempted Breaking & Entering.

Personal Facts:

My brother states that he thought the house he was trying to enter was mine, as this happened just one street over. The houses in my area are similar in style/size. He has never been known to do anything out of the ordinary, e.g., break the law, cause harm, etc. He's a good kid with a big heart.

I do know that the arresting officer believed his story. However, the victim is still pressing charges. What kind of trouble can he expect to be in via possible court decision?

Thank you.

It is not up to victim to press charges. It is ultimately up to the DA. Your brother committed more than one crime here. If he is held to account now, he might learn to behave like a responsible adult.

 

[fcwedd]

It is not up to victim to press charges. It is ultimately up to the DA. Your brother committed more than one crime here. If he is held to account now, he might learn to behave like a responsible adult.

I agree. However, that still doesn't answer my question.

 

[FlyingRon]

Breaking and entering in Michigan without the intent of committing a further crime is a misdemeanor. He could get a year in jail or fines (or both). He needs a lawyer.

 

[justalayman]

Go hug your brother because if he does this again at the wrong house, he might get shot and you might not get a chance to hug him again.. You and he both realize the home resident had every legal right to shoot your brother, right? and honestly, if it were my house, he would be dead, no doubt about it.

Do you have an actual code section he is being charged with? There are a variety of crimes that are variants of breaking and entering that could be charged, depending on the exact circumstances.

 

[InsaneJane]

Well, consider this a wake up call. As others have pointed out, someone could have been seriously injured (your brother). This also could be very tramatic for the occupants if they were home. He would be wise to oppologise to them in some fashion before his court date...

This may have been the only time your brother got that drunk (IDK), but it is obvious that he can't handle alcohol in those extreems and probably needs help before it is too late.

Sounds like the Cop may have bought his story (Dumb things people do when they are drunk,,,).
If he is lucky, the DA also will buy his story providing the the occupants don't screem loss of sleep. Yada Yada Yada
So it may be a lot easier for the DA to give him a break if he can show that he understands what his problem is and he is doing something to prevent it from happening again. Hint AAA or councilling...

I hope he heads down the right path and gets his act back together.

 

[Indiana Filer]

Go hug your brother because if he does this again at the wrong house, he might get shot and you might not get a chance to hug him again.. You and he both realize the home resident had every legal right to shoot your brother, right? and honestly, if it were my house, he would be dead, no doubt about it.

That happened in Indiana a few years ago. An idiot got drunk, his friends left him, and he tried to get into an elderly woman's house. The police were called. In his drunken stupor, the idiot lunged at the cop who shot him.

 

[justalayman]

In Michigan, due to our newer laws, the kid could be legally shot by anybody in the house that had a gun.

About 30 miles from me, a kid was shot while still totally outside a guys house. The kid apparently was outside a window and the resident saw the window blinds moving like the kid was opening the window to presumably get into the house. He shot and killed the kid. No charges.

there was that situation in Texas a well where the woman home owner was on the phone with the police. The drunk guy kept trying to get into the house through various windows and doors. The woman was telling the police she didn't want to shoot him but she would if he came inside. She really wanted the police to get there before the guy came inside.

well, he came inside.

from what I understand, that too was simply a drunk guy not knowing where he was.

 

[CourtClerk]

Speaking of Texas, we all remember the Joe Horn incident, don't we? Geez, in some ways, I love Texas.

 

[justalayman]

Speaking of Texas, we all remember the Joe Horn incident, don't we? Geez, in some ways, I love Texas.

I had to read about to remind me but yes, after I started reading I remember it.

if you haven't, go read the Wiki entry on that. There is a part near the end where there is a claim the law is racially motivated. Go figure.

 

[CourtClerk]

Iif you haven't, go read the Wiki entry on that.

I haven't, but I will.

In this day and age, what isn't "racially motivated?" I live in Southern California for Christ's sake.