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-   -   Burglary of a habitation-arrest does not meet criteria (https://www.askmehelpdesk.com/showthread.php?t=418635)

  • Nov 23, 2009, 02:09 PM
    rockyandbear
    Quote:

    Originally Posted by stevetcg View Post
    Im sure it will turn out fine. There is enough real crime around to keep everyone busy. Im just talking to you to try to get you to understand that this IS a real crime and dangerously close to being VERY serious.

    Its hard looking at it as a parent because your kids walk on water. I know mine do. Just try to be objective. That doesnt mean you love or support him any less... but approaching it from a neutral standpoint will better help you provide him what he needs - which is support and understanding of the ACTUAL situation.

    I know my children are not perfect. It doesn't matter how many times we repeat ourselves to them or how much we drill them with information and advise, they will do what they want. He did tell me that once he noticed the door had opened he had done wrong. I have told him so many times to stay away from her because she has done so much to ruin his life and future. However, he keeps going back. I truly hope this was an eye opener for him. I want him to be an advocate to other teenagers about bad relationships, jealousy and anger. He is very aware that what he did was wrong. And I will remind him for the rest of his life of what he did.
  • Nov 23, 2009, 02:16 PM
    jmjoseph
    I think that he needs a good lawyer, and a new girlfriend. And NOT this:

    "And I will remind him for the rest of his life of what he did."

    He already KNOWS what he did was wrong, no sense in beating him up for it.

    I believe you when you say that he is a good kid, but he needs to stay away from this girl.

    She will continue to get him in "bad situations".
  • Nov 23, 2009, 02:17 PM
    stevetcg
    Quote:

    Originally Posted by rockyandbear View Post
    Wow!! I know my son and how we have raised him. He has never laid a hand on her. She however has. I have taught my boys never to hit a woman, regardless of the situation. This relationship has been going on since they were 12. There is no way this could have turned into a double homicide news story. If he had any of those intentions, he would have done something to them when he went in. He didn't. They both went with him outside. He would have left, but his friend would not let him because he did not want their friendship to end. The neighbor called about 10 minutes after the fact. I am a survivor of family violence from a previous marriage and I do not condone such behavior from my kids.

    I get that and I'm not saying this is the situation here. But the cops and the DA don't know your son any more than I do and I'm saying that that day COULD have ended very differently.

    Just remember that the charges are being handled by someone that doesn't know your son is a good kid.
  • Nov 23, 2009, 02:22 PM
    rockyandbear
    Quote:

    Originally Posted by jmjoseph View Post
    I think that he needs a good lawyer, and a new girlfriend. And NOT this:

    "And I will remind him for the rest of his life of what he did."

    He already KNOWS what he did was wrong, no sense in beating him up for it.

    I believe you when you say that he is a good kid, but he needs to stay away from this girl.

    She will continue to get him in "bad situations".

    You are correct. I have prayed for him to just let go. I know that if he continues to see her or talk to her she will continue to get him into bad situations. I hope that this will take care of that and that he has learned his lesson and that she is no good for him.
  • Nov 23, 2009, 02:25 PM
    rockyandbear
    Quote:

    Originally Posted by stevetcg View Post
    I get that and im not saying this is the situation here. But the cops and the DA dont know your son any more than I do and im saying that that day COULD have ended very differently.

    Just remember that the charges are being handled by someone that doesnt know your son is a good kid.

    I completely understand. That is what scares me. They do not know my son. It is the worst feeling in the world when your child's life is in someone else's hands.
  • Nov 23, 2009, 02:32 PM
    stevetcg
    Quote:

    Originally Posted by rockyandbear View Post
    I completely understand. That is what scares me. They do not know my son. It is the worst feeling in the world when your childs life is in someone else's hands.

    Let me try to put this in perspective... at least we're advising you to get him a lawyer because his future might be affected instead of getting a doctor because his life might be in jeopardy.

    Worst case, he gets a minor felony charge on his record. Does some probation, maybe forced to take a class on anger management and his life goes on generally unharmed. His life is not in jeopardy - he isn't facing execution. Its about as minor a felony as can be charged and honestly, the chances of this ending up being more than a slap on a wrist and some legal bills are not great.

    It probably doesn't make you feel any better, but I know what its like to put my child's life in someone else's hand. I would have given anything for it to have been a lawyer and not a doctor.

    Headaches are in your and his future, no doubt, but in the end, everyone will be fine.

    (as was my child)
  • Nov 23, 2009, 02:40 PM
    rockyandbear
    Quote:

    Originally Posted by stevetcg View Post
    Let me try to put this in perspective... at least we're advising you to get him a lawyer because his future might be affected instead of getting a doctor because his life might be in jeopardy.

    Worst case, he gets a minor felony charge on his record. Does some probation, maybe forced to take a class on anger management and his life goes on generally unharmed. His life is not in jeopardy - he isnt facing execution. Its about as minor a felony as can be charged and honestly, the chances of this ending up being more than a slap on a wrist and some legal bills are not great.

    It probably doesnt make you feel any better, but I know what its like to put my child's life in someone elses hand. I would have given anything for it to have been a lawyer and not a doctor.

    Headaches are in your and his future, no doubt, but in the end, everyone will be fine.

    (as was my child)

    Thank you so much for "listening" I am such a mess right now. We meet with the attorney's tomorrow. Please keep him in your prayers.
  • Nov 23, 2009, 02:43 PM
    stevetcg
    Quote:

    Originally Posted by rockyandbear View Post
    Thank you so much for "listening" I am such a mess right now. We meet with the attorney's tomorrow. Please keep him in your prayers.

    Absolutely. If you get a chance, stop back in and let us know how the meeting goes. And try not to stress yourself out too much... the absolute worst case really isn't that bad in the big scheme of life. And things like this rarely are worst case.
  • Nov 23, 2009, 02:45 PM
    rockyandbear
    Quote:

    Originally Posted by stevetcg View Post
    Absolutely. If you get a chance, stop back in and let us know how the meeting goes. And try not to stress yourself out too much... the absolute worst case really isnt that bad in the big scheme of life. And things like this rarely are worst case.

    Thank you!
  • Nov 23, 2009, 05:08 PM
    SmellyDogsMom
    Quote:

    Originally Posted by rockyandbear View Post
    We live in Texas.

    Texas law: Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:

    (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or.. .

    Then it goes on to list other types of burglaries. I think that under Teas law there was probable cause to arrest for the burglary, but not proof beyond a reasonable doubt that he entered to commit a felony or an assault. (Hopefully he didn't say any thing about kicking anyone's hiney before he entered). The prosecutor will prob. Offer a leeser offense.
  • Nov 23, 2009, 07:31 PM
    Fr_Chuck

    I will follow up, I know in GA at least for the arrests I made, unless there was proof of a theft, the charge was changed normally to trespassing and criminal damage to property

    So remember he is not scotch free, he did break in and no matter what happens, there is a crime here and it still can be a felony.

    Also sorry but remember a judge or jury will not be people who know him either, so they will look at what they think his frame of mind would be,

    A person who was so mad he would break a door in, most would think he was planning on some other assult when he got in, Remember he does not have to actually do it, to have thought about it.

    And sorry I will be rude here, a good kid does not break a door down, they go home, and talk to the people latter or finds a new girl friend.

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