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<blockquote data-quote="klmno" data-source="post: 143947" data-attributes="member: 3699"><p>Thanks, Marg! I don't think felony B&E with- intent to commit larceny was an appropriate charge either. The other boy, who is a good kid and had never had a charge before, owned up to all this being his idea. The shed was on his neighbor's property- apparently an older man who has moved away and his grown son comes in every couple of mos. to check on things. Anyway, the friend told difficult child that he had gone thru a window of the shed before, but we aren't sure if that is true. But the evening this happened, both boys have told us mom's (before they knew we would compare notes), and they told police (separately) and actually stuck to this story, that other boy wanted to go inshed just because it looked so spooky with no one ever being there, difficult child went along, friend says he'll go to side of shed to go thru window, difficult child says he's not going thru window, friend goes to side of shed, difficult child looks at door and pushes it or opens it (it isn't clear- it has been verified that it was unlocked), difficult child calls to friend to not go thru window because door is open, friend returns to front and they both walk in- cops come after boys are leaving shed but still in yard, no stolen property. That was it. Wrong, yes, felony B&E with- intent to commit larceny- NO. That is why we thought the friend would get off and difficult child would have something more added but maybe not detention.</p><p></p><p>Oh, the lady across the street who called the police says she saw one of the boys (the friend) go thru the window. However, we are not sure if she meant that she had seen him go thru the window before this evening, or if she thinks she saw him go thru the window because he went to the side of the shed before difficult child opened the door. Anyway, about all of us who talked to the boys really believe the friend didn't go thru the window that evening. In either case, difficult child didn't- or at least no one has even suggested that he did. Funny how when he's along with someone else that does something wrong, he gets in the same (equal) trouble because he was there. When it is the other way around, the other kid gets a lesser charge or violation at sd because, well, it was difficult child who started it, did the worst, etc. (I haven't figured that one out yet). If cops are against him- I know it sounds absurd, I think it comes from the school reporting things to resource officer. The resource officer told difficult child he was suspect in vandalising cars in our neighborhood. UHMM. I first heard rumor of this last year while difficult child spent 2 1/2 mos on a monitor (ankle bracelet with alarm to police if he went out of house) and then after this shed incident with him being home unless he's under my nose- soo, I really doubt he's breaking into cars. And truthfully, I don't think he could break into a car- difficult child is the type that would only do something that absurd if he were manic, then he might but it wouldn't be the typical way, it would be slamming his fist or something else thru the window. It wouldn't be a habitual thing- he'd be caught right away.</p><p></p><p>We thought difficult child had a chance to stay at home -Especially since the son of the property owner received apology letters from each boy separately and each boy offered to do the yardwork this summer. I heard that the son was thrilled to get that offer because no one is there to cut grass, etc. And, I heard that the son was thinking this was not a major deal to him because nothing was stolen, the door was unlocked, nothing damaged, they didn't go in the house itself, etc.</p><p></p><p>The cops here always tell me that they have to charge the worst charge they can and that all they have to do is find probable cause to do that. That might be true, but something is awry because cops also say it is up to judge to reduce charges, hear explanation, etc. Well, of course that never happens. I have learned (heard from several attny's) that in juvy court, they all have discussed this even before trial. It reminds me of my stint in the navy and how that worked. Anyway, if they are going to get off, which difficult child has NEVER gotten off, I'm not sure how it works. But, when they aren't going to get off, the judge will just say to difficult child and his attny "did you go into that shed" difficult child/attny will say "yes" and judge will find difficult child guilty as charged.</p><p></p><p>He had a chance before sd charges for reasons I mentioned in previous posts, but now, this is what I see happening.</p></blockquote><p></p>
[QUOTE="klmno, post: 143947, member: 3699"] Thanks, Marg! I don't think felony B&E with- intent to commit larceny was an appropriate charge either. The other boy, who is a good kid and had never had a charge before, owned up to all this being his idea. The shed was on his neighbor's property- apparently an older man who has moved away and his grown son comes in every couple of mos. to check on things. Anyway, the friend told difficult child that he had gone thru a window of the shed before, but we aren't sure if that is true. But the evening this happened, both boys have told us mom's (before they knew we would compare notes), and they told police (separately) and actually stuck to this story, that other boy wanted to go inshed just because it looked so spooky with no one ever being there, difficult child went along, friend says he'll go to side of shed to go thru window, difficult child says he's not going thru window, friend goes to side of shed, difficult child looks at door and pushes it or opens it (it isn't clear- it has been verified that it was unlocked), difficult child calls to friend to not go thru window because door is open, friend returns to front and they both walk in- cops come after boys are leaving shed but still in yard, no stolen property. That was it. Wrong, yes, felony B&E with- intent to commit larceny- NO. That is why we thought the friend would get off and difficult child would have something more added but maybe not detention. Oh, the lady across the street who called the police says she saw one of the boys (the friend) go thru the window. However, we are not sure if she meant that she had seen him go thru the window before this evening, or if she thinks she saw him go thru the window because he went to the side of the shed before difficult child opened the door. Anyway, about all of us who talked to the boys really believe the friend didn't go thru the window that evening. In either case, difficult child didn't- or at least no one has even suggested that he did. Funny how when he's along with someone else that does something wrong, he gets in the same (equal) trouble because he was there. When it is the other way around, the other kid gets a lesser charge or violation at sd because, well, it was difficult child who started it, did the worst, etc. (I haven't figured that one out yet). If cops are against him- I know it sounds absurd, I think it comes from the school reporting things to resource officer. The resource officer told difficult child he was suspect in vandalising cars in our neighborhood. UHMM. I first heard rumor of this last year while difficult child spent 2 1/2 mos on a monitor (ankle bracelet with alarm to police if he went out of house) and then after this shed incident with him being home unless he's under my nose- soo, I really doubt he's breaking into cars. And truthfully, I don't think he could break into a car- difficult child is the type that would only do something that absurd if he were manic, then he might but it wouldn't be the typical way, it would be slamming his fist or something else thru the window. It wouldn't be a habitual thing- he'd be caught right away. We thought difficult child had a chance to stay at home -Especially since the son of the property owner received apology letters from each boy separately and each boy offered to do the yardwork this summer. I heard that the son was thrilled to get that offer because no one is there to cut grass, etc. And, I heard that the son was thinking this was not a major deal to him because nothing was stolen, the door was unlocked, nothing damaged, they didn't go in the house itself, etc. The cops here always tell me that they have to charge the worst charge they can and that all they have to do is find probable cause to do that. That might be true, but something is awry because cops also say it is up to judge to reduce charges, hear explanation, etc. Well, of course that never happens. I have learned (heard from several attny's) that in juvy court, they all have discussed this even before trial. It reminds me of my stint in the navy and how that worked. Anyway, if they are going to get off, which difficult child has NEVER gotten off, I'm not sure how it works. But, when they aren't going to get off, the judge will just say to difficult child and his attny "did you go into that shed" difficult child/attny will say "yes" and judge will find difficult child guilty as charged. He had a chance before sd charges for reasons I mentioned in previous posts, but now, this is what I see happening. [/QUOTE]
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