A Less then interesting evening
- Thread starter Ross
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Ross
Well-known member
Somehow, I don't think they will.
hensylee
Well-known member
I don't know what you should have done. There is so much of this going on. It is really scary. I was hit years ago; the kids had to serve time and repay me for the damages done. They were caught redhanded with the 'loot'. Don't slack up on what things cost to be fixed/replaced. Press on with your charges if you want to. See what sort of parents they have and then make a decision. Maybe you can still press charges if you think you won't be paid. tho you might have to go to court to testify.
Ross: As appealing (and just) as it might sound, the one thing above all else that I would not do is have some arrangement where they come over and work on your shed. If someone saws off his finger, or has a nail break off & lodge in an eye--guess who is going to be hearing that he should have had worker's comp. insurance?
These laws are different in different places, but I would worry about that one.
These laws are different in different places, but I would worry about that one.
Sometimes it will work out this way,but usually once charged,it will be out
of Ross' hands and into the law's. You may ,of course give a recomendation
for light treatment,but they have no obligation to take the advice,and
there would be no direct involvement once the 'go ahead' has been given.
Also,since they are 18,the record won't be sealed or easily expunged.
But ,who knows ,maybe they do deserve it.
One of my best friends is a criminal atty in NYC...you wouldn't believe
the stuff that goes on and the stories I hear
(sans names,of course).And ,like Lisa,I wasn't a nun either,though I never vandalized,stole,etc,
but I did know a guy once who........
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I won't bug you with any more posts after this one, but I respectfully disagree with Dina on a couple of points.
I prosecuted all kinds of cases for 25 years. And it is true that the prosecutor has the final say once a case is brought. But....There is never enough time/money/energy to go hard after every case. A case where the victim is satisfied with restitution and not looking for a pound of flesh is like finding money on the sidewalk.
In Minnesota the term we used was a "continuance for dismissal". The judge would require the Def. to admit for the record the thing(s) he did that support the charge. At that point the matter would be continued, with the Def. understanding restitution or some other condition would need to be satisfied within a reasonable period of time. If the condition(s) are met, the case is dismissed, no formal plea is entered and nobody has a record. In most cases the defendant's lawyer (often a public defender) puts the whole thing together. Then he/she tries to sell it to the prosecutor. Except for cases like domestic assault, etc., all the prosecutor needs is to hear is that the victim has approved of the disposition.
If restitution is not paid, and there is no satisfactory excuse, the defendant gets the sentence they deserve.
At least that's my 2 cents worth.
I prosecuted all kinds of cases for 25 years. And it is true that the prosecutor has the final say once a case is brought. But....There is never enough time/money/energy to go hard after every case. A case where the victim is satisfied with restitution and not looking for a pound of flesh is like finding money on the sidewalk.
In Minnesota the term we used was a "continuance for dismissal". The judge would require the Def. to admit for the record the thing(s) he did that support the charge. At that point the matter would be continued, with the Def. understanding restitution or some other condition would need to be satisfied within a reasonable period of time. If the condition(s) are met, the case is dismissed, no formal plea is entered and nobody has a record. In most cases the defendant's lawyer (often a public defender) puts the whole thing together. Then he/she tries to sell it to the prosecutor. Except for cases like domestic assault, etc., all the prosecutor needs is to hear is that the victim has approved of the disposition.
If restitution is not paid, and there is no satisfactory excuse, the defendant gets the sentence they deserve.
At least that's my 2 cents worth.
This would be a fair alternative and makes sense from all sides.
Dina
L
Lisa in Katy
Where I live we have something called pretrial diversion agreement, which is similar to deferred adjudication, except if the requirements are met, the charges are dropped. However, the arrest still shows up and is very difficult to get expunged. It can still hurt you later on, and frankly, I don't think 18 year olds deserve that for a first offense. Give them a mistake. If they do it again, the police should have a record that they've given them a chance.
Ross
Well-known member
Here's the bottom line of it from my point of view. Damage done, less then $10 monetarily, emotionally a bit more serious. Even if they did have malicious intent, there isn't a thing in that shed worth anything to a burglar. I can't see tacking on a Felony to some kids records when I see real stupidity from their age group all the time here. Fact of the matter is, if their intent was to steal and pillage, they'd of been in for a real let down anyhow. Stupid people don't deserve felony records for life. I'll defer that for someone that has something of value and they do it to them.
When the Sheriffs office is called out here, guaranteed someone is going to jail. Even though I said I wouldn't press charges if they paid the damage, the deputy still had to check with his supervisor to be sure that he shouldn't file the charges anyway and take them into custody. The supervisor made it a discretionary call. Granted it's not the perfect scenario and it troubles me, but I've been hauled through the court system with my boys and it was totally ridiculous. Around here it's your guilty until proven innocent, not the other way around. It just isn't worth it in this case. Maybe they will do it again to someone else. Maybe they'll actually have something worth stealing and then yes, press charges.
When the Sheriffs office is called out here, guaranteed someone is going to jail. Even though I said I wouldn't press charges if they paid the damage, the deputy still had to check with his supervisor to be sure that he shouldn't file the charges anyway and take them into custody. The supervisor made it a discretionary call. Granted it's not the perfect scenario and it troubles me, but I've been hauled through the court system with my boys and it was totally ridiculous. Around here it's your guilty until proven innocent, not the other way around. It just isn't worth it in this case. Maybe they will do it again to someone else. Maybe they'll actually have something worth stealing and then yes, press charges.
geckley
Well-known member
I guess what ever you think is right is the best choice. My sister had her front door kicked in to her house yesteray and had a bunch of stuff stolen playstation digital cameras computer speakers and some cash. Cops took over an hour to respond. They finger printed the place and got quite a few prints. They think they know who it is. Ironically they think it's a group of 18 year old kids 2 blocks up the street. My sister is the kind that will press charges. It was kind of scary for her cos she arrived home only 15 minutes after her son left the house. That means they got in and out in 15 minutes. It sounds to us like they had been caseing the place out for a while
I think most of us would in this case....18 or not.
It isn't easy after you have been invaded like that...its like you feel
your home is no longer the "safe place" you thought it was.
Best wishes to your sister and hope she is ok.
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Ross
Well-known member
I wouldn't think twice about pressing charges had they entered my home. Heck I'd of pressed charges for anything other then that busted up shed!
Worthy of remembering.....many home invasions and robberies are committed by locals, or friends of a friend, etc.
1) Occasionally, try to change your routine and leave different lights on. Timers are worth it.
2) If you park your car in the garage during winter then before leaving for work, drive back and forth on your driveway twice, so that crooks won't just see one set of tire tracks leaving the house.
3) Do not share your holiday and vacation plans with too many people.
4) Make sure snow is cleared even if you are away.
5) Instruct children, especially teens, not to share your travel plans with others.
6) Have mail and newspapers put on hold.
7) Install motion sensor lights outdoors.
8) Install an alarm system, or at least the small signs that you can buy.
9) On garbage day, do not put out the cardboard boxes for all the fabulous gifts that you received. Cut them up and put them out at a later time.
10) Buy a large dog, or at least a large dog house to park at your doorway.
Have a safe and happy holiday season!
1) Occasionally, try to change your routine and leave different lights on. Timers are worth it.
2) If you park your car in the garage during winter then before leaving for work, drive back and forth on your driveway twice, so that crooks won't just see one set of tire tracks leaving the house.
3) Do not share your holiday and vacation plans with too many people.
4) Make sure snow is cleared even if you are away.
5) Instruct children, especially teens, not to share your travel plans with others.
6) Have mail and newspapers put on hold.
7) Install motion sensor lights outdoors.
8) Install an alarm system, or at least the small signs that you can buy.
9) On garbage day, do not put out the cardboard boxes for all the fabulous gifts that you received. Cut them up and put them out at a later time.
10) Buy a large dog, or at least a large dog house to park at your doorway.
Have a safe and happy holiday season!
I don't think the shed incident is worth stressing over.....if those darlings were making a habit of small time thievery, then the cops will find out soon enough when similar complaints are filed. I would be very happy with a copy of the police report and parental notification.
I wish we could have caught whoever broke into my daughters house a few weeks ago. She and the kids felt so violated they have given up their rental house and moved in the house with us the night of our fire. I feel like they have changed all of our lives for a bed,my granddaughter DVDs and CDs and daughters jewelry.
To me, their actions are more forgivable than the audacity of lying to you about it after being caught in the act. They must think everyone is as stupid as they are... it's insulting.
