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    dlorwig7582's Avatar
    dlorwig7582 Posts: 9, Reputation: 2
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    #1

    Nov 3, 2009, 02:39 PM
    B&E for children clothes?
    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?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Nov 3, 2009, 02:47 PM

    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 don't know what hearing is going to find him being a good witness.

    I hope JKT chimes in for this one.

    Tick
    dlorwig7582's Avatar
    dlorwig7582 Posts: 9, Reputation: 2
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    #3

    Nov 3, 2009, 02:59 PM

    I stuck my head in the door, said, "Kyle?" "YES", "I'm here to pick up some of the children's clothes," "OKAY"
    He even offered us a bag to help.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Nov 4, 2009, 07:34 PM

    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 4, 2009, 07:49 PM

    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.
    sigcopper's Avatar
    sigcopper Posts: 20, Reputation: 1
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    #6

    Nov 6, 2009, 08:12 AM

    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.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #7

    Nov 6, 2009, 09:01 AM

    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.

    Tick
    dlorwig7582's Avatar
    dlorwig7582 Posts: 9, Reputation: 2
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    #8

    Nov 6, 2009, 10:17 AM

    All Charges were dropped this morning...
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #9

    Nov 6, 2009, 05:42 PM
    Quote Originally Posted by dlorwig7582 View Post
    All Charges were dropped this morning.....
    I am so glad, you must be pleased !

    Ms tickle

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