Legal Question in Criminal Law in Indiana

am I being railroaded??

Hello,

I have a question pertaining to a young man that is like my son, he and a few of his friends were pulled over and his friends had outstanding warrents so they all ran, well Kris he lost his shoes and ran for about 5 miles in snow and ice. He came to a house that had the garage door open and went inside to warm up, that is were the police found him, he had a unopened bottle of water he threw it down and they apprehended him, They are charging him with residential burglary, shouldnt it more on the lines of illegal entry with intent or some thing to that nature? He has a bond of 40,000 isnt that kinda high?please respond asap

Thank you

urlucky


Asked on 2/13/02, 9:44 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: am I being railroaded??

If your son had outstanding warrants, the court may feel that the bond is an appropriate one. However, bond reduction may be very possible.

As far as the charge of burglary is concerned, it is difficult to know for sure without reviewing the facts that the state has before filing this charge. Yet, if the matter is still in screening, it's possible it may result in residential entry, a class D felony. The officer may have charged burglary with the prosecutors office still reviewing the case. Just because a police office arrests one on a particular charge does not necessarily mean it's the correct one. The prosecutor who is a lawyer really needs to make the final call on the actual charge filed.

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Answered on 2/14/02, 10:27 am


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