Q: Charged with Burglary 3rd at 16 years old...
My 16 year old son acted dumb and entered a school that had been shut down for years and ended up being caught while walking out of the school. My son and 1 other boy were arrested and charged with Burglary 3rd. The other boy stole a half of a pack of printer paper, a used box of crayons, and a small Elmo ball. My son did not steal anything. For Burglary 3rd they would have had to enter the building with the intent to commit a felony or theft based on Alabama law so my question is how is my son being charged with Burglary 3rd when he had no intention of committing a felony or theft when he entered the building and did not commit a felony or theft while in the building?
A:
Unfortunately, the intent to steal need not be formed when they entered the building; the law says entered or REMAINED UNLAWFULLY THEREIN thus if they were unlawfully in the school when the intent to commit theft was formed it counts as burglary. Notably, your son would have had to agree to the thefts or have knowledge of the thefts and provide some help to the other person; this help can be as little as holding the door for them to exit or telling the other person that the police had arrived.
In this situation, your son's age is the most important thing and the thing that will save him from long-lasting damage.
1 user found this answer helpful
A: I agree with Mr Juneau but I would add that since nothing was stolen, I would argue that your son is guilty of criminal trespass instead of burglary 3rd. Try telling the prosecutor that and getting him/her to amend the charge to that.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
