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<blockquote data-quote="Marguerite" data-source="post: 143875" data-attributes="member: 1991"><p>Klmno, you said, "Then, difficult child and friend went into a shed (detached, just opened up door and walked in, nothing stolen) but both got charged with felony B&E with intent to commit larceny."</p><p></p><p>I can only speak for Australian law, but that isn't breaking and entering, it's just entering. If a door is unlocked, nothing had to get broken in order to gain entry. Similarly, if they had a key, it would still just be - entering unlawfully. Maybe theft of the key also. But not break and enter.</p><p></p><p>I had a kid, a neighbour from over the road, break and enter into our house. All she stole (that time) was a packet of crisps. She cut the flyscreen in our bathroom window and climbed in (only a child could have fitted through). She later confessed it was her. She also had been regularly stealing money whenever she visited - our house as well as others. Again, she would just walk in while w were there, we generally knew she was there but while we were distracted she would grab my wallet and empty out the cash. Again, she confessed later.</p><p></p><p>The police could only give her a warning. I had no proof about the money (she was confessing to everything, but I'm sure it was hr, nobody else had opportunity). She was not charged, I never got my money back. She was eventually removed, placed in foster care and when we saw her a year or so later, she bounded up to me really happy, because she was at last away from her abusive family.</p><p></p><p>Different story at that point, but it shows how the law can be compassionate, instead of ridiculously punitive.</p><p></p><p>But her getting into our bathroom - that was break and enter, even though the window was open, because she had to cut the flyscreen to gain access. Her walking in while we were busy in the garden, to steal my wallet - entering unlawfully.</p><p></p><p>I often leave the house unlocked when I go out - if a thief chose that time to steal my computer, it would be unlawful entry only. But if I lock up when I go out, it would be - break and enter.</p><p></p><p>Sounds to me like someone is using the system to bully your soon as well as you.</p><p></p><p>I can't help you any further about the legal stuff - you need someone with the finger on the pulse of your laws.</p><p></p><p>As for keeping him out of detention - if it's that urgent, have him come down with a bug of some sort.</p><p></p><p>Marg</p></blockquote><p></p>
[QUOTE="Marguerite, post: 143875, member: 1991"] Klmno, you said, "Then, difficult child and friend went into a shed (detached, just opened up door and walked in, nothing stolen) but both got charged with felony B&E with intent to commit larceny." I can only speak for Australian law, but that isn't breaking and entering, it's just entering. If a door is unlocked, nothing had to get broken in order to gain entry. Similarly, if they had a key, it would still just be - entering unlawfully. Maybe theft of the key also. But not break and enter. I had a kid, a neighbour from over the road, break and enter into our house. All she stole (that time) was a packet of crisps. She cut the flyscreen in our bathroom window and climbed in (only a child could have fitted through). She later confessed it was her. She also had been regularly stealing money whenever she visited - our house as well as others. Again, she would just walk in while w were there, we generally knew she was there but while we were distracted she would grab my wallet and empty out the cash. Again, she confessed later. The police could only give her a warning. I had no proof about the money (she was confessing to everything, but I'm sure it was hr, nobody else had opportunity). She was not charged, I never got my money back. She was eventually removed, placed in foster care and when we saw her a year or so later, she bounded up to me really happy, because she was at last away from her abusive family. Different story at that point, but it shows how the law can be compassionate, instead of ridiculously punitive. But her getting into our bathroom - that was break and enter, even though the window was open, because she had to cut the flyscreen to gain access. Her walking in while we were busy in the garden, to steal my wallet - entering unlawfully. I often leave the house unlocked when I go out - if a thief chose that time to steal my computer, it would be unlawful entry only. But if I lock up when I go out, it would be - break and enter. Sounds to me like someone is using the system to bully your soon as well as you. I can't help you any further about the legal stuff - you need someone with the finger on the pulse of your laws. As for keeping him out of detention - if it's that urgent, have him come down with a bug of some sort. Marg [/QUOTE]
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