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Monday 3am Son called for Mom to pick up grandchildren as his third time threatening suicide and police to take him to hospital. Afterwards son would not return phone calls to mother. On Thursday, Mother and Ex-wife entered Son's house where roommate let us in. Took a few children's clothing as Son would not return phone calls (weather changed and they needed warm clothes). Son had mother and ex-wife arrested for B&E. Son and Mother have had reciprocal open entry to each other's home in past. Now kids solely with Ex-wife until Son gets therapy. Son extremely angry. Detective on case says "waste of time." Hearing is this Friday. What can I expect?
If the room mate let them in, how ca it be B&E. Did you not tell the arresting officer you were let into the building ? Will the room mate attest to the fact they let you in. He asked for the kids to be picked up from home ?? Yes, it is a waste of time and I think the judge will see that. Good luck and I hope all goes well with this mess. It was probably psychiatric hospital he was put in ?, for the third time ?. and needs therapy ?. I dont know what hearing is going to find him being a good witness.
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You should be okay in court. Everything will be presented and the Judge will ponder why the police actually took a B&E report on this. Be sure all your witnesses show up in court and testify that you did not break down the door, did not pry the door open, etc.
If he was not home, roommate can let you into the common area but not into the "son" bedroom, so once you opened that door, without sons permission you illegally entered his room. Breaking and enter does not mean you actually broke in, only you entered illegally and entered that area.
The judge will most likely just throw it out. But why wait, your attorney should be talking to the DA and get it dismissed first.
I wouldn't wait either. If you entered your son's room without permission and the roommate doesn't have permission to enter your son's room this could, far reach, be a burglary. I'd be in touch with your attorney or the DA in your county and tell them to get some common sense. I hope you learned something from your "greatful" son.
I would be interested to know the outcome of this situation. I hope it gets thrown out and everyone can just move on from the stress it has created, obviously.
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