My 24 yr old friend was VERY drunk and ditched-(abandoned) by people who were only interested in getting him completely plastered (and most likely trying to take sexual advantage of him as a result) last Saturday-- 10/07/07. He was taken, in a blacked-out state, to an unknown destination and was then left ALONE to roam around a strange area, completely out-of-it (blacked out/drugged?). He didn't know where he was but knew he was supposed to spend the night with a close, "real" friend who had lost track of him that night and then tried to navigate himself to safety. He "woke up" as he was being taken out of the wrong house. He had climbed through a window which he believed was the pre-arranged resting place of his friend. He believed that he was entering the home of a good friend who had forgotten to leave the door unlocked for him. The residents had called the police to report a burglary. He was arrested. The incident report even quotes the residents of the home as confirming my friends belief that he was at his friend's house, because when they confronted him initially, he told them, according to there own words in the report, that they should "calm down [because] this is Dixie's house." The police even asked him why he had entered the abode and he responded that he was trying to get into Dixie's. Dixie has confirmed that she offered him her residence for the evening. He is being charged with felony burglary, with $50,000 bail. He had lost his job earlier that day (which could explain his early state) and cannot afford an attorney. his pre-trial is on the 17th. Is there any hope that this first offense will not land him in prison as a felon for just being drunk and disoriented? Yes, he was mistaken, but there is no evidence that he was trying to "commit a crime", because he wasn't. He was not stealing, trying to rape, vandalize, set fire to the place or anything else. Does he have a defense? I know similar things like this happen all the time. I've even read about similar things here. What are the options? He is NOT a hard criminal... Rehab would be good for him, but not prison... HELP...

Quote:

---

Originally Posted by M-A-K

cannot afford an attorney.

---

Hello M:

If you posted about your friend dying from cancer and how terrible it was and how great he is... but, you ended your post with "Oh, yeah. He can't afford to go to a doctor". Then you asked us what we think he should do.

How could we answer that kind of a question? How could any advice, short of seeing a doctor, be any good at all?? How?? Well, it couldn't.

Your friend needs a lawyer. ANYTHING else is stupid...

excon

Hey, Excon...

I think I understand what you are saying. Which is very obvious. If he has cancer he needs a doctor, If he is in jail he needs a lawyer. Ok fair enough. He will get a public defender, and hopefully this person can help him get his charge reduced along with his bail. My post was an attempt to give the basic details of my friends situation in hopes that someone might have some information as to whether the fact that he was not intending to commit a felony, did not flee, was not combative, had no weapon, etc could work in his favor, especially since this is his first offense. Thank you for taking the time to read my question and also for your answer.

-MAK

Hello again, M:

All the stuff you mentioned is going to help him when he's sentenced. A LAWYER might help him beat the charge so he doesn't get sentenced in the first place.

excon