Legal Question in Criminal Law in Michigan

Breaking and Entering, larceny of 106 $

My son admited to breaking and entering, through a open window, he has been in the home many times and even did lots of work for the family, they are friends and I am just prepairing. though he went into a home of his friends twice and each time did it through a window and took a total of 106 $, he has never been introuble, not a speeding ticket or anything. He is 22 and I was wondering what will happen to him.


Asked on 9/24/08, 1:42 pm

3 Answers from Attorneys

Re: Breaking and Entering, larceny of 106 $

I strongly advise that:

a. He stop "admitting" to anything. If he's determined to make his problem worse, he has a good start on it.

b. You stop trying to figure out his case on the internet.

c. You hire an experienced and aggressive attorney to fight for your son.

Your son needs help with a very serious problem. If he wants to hire an attorney to protect him, call us at 1 866.766.5245

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 9/24/08, 1:52 pm
Stuart Collis Collis, Griffor & Hendra, PC

Re: Breaking and Entering, larceny of 106 $

Many different things can happen depending on what the prosecutor chooses to do and who you get as an attorney. Get an experience one, such as myself, now! It will help in the long run.

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Answered on 9/24/08, 2:01 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Breaking and Entering, larceny of 106 $

This sounds like Home Invasion 2nd Degree (essentially, breaking and entering or entering without permission a dwelling with the intent to commit a larceny). This is a serious crime that carries up to 15 years in prison and/or $3,000 fine (maximum, but he won't get that). If anyone was 'lawfully present" at the time of the B&E (like one of the residents), then it could be Home Invasion 1st Degree, with a maximum 20 years and/or $5,000) ... an even more serious charge.

It's possible that more than one count could be issued because he did this more than once (although the counts would probably be served at the same time, not consecutively).

It is tough to guess what his possible/likely sentence might be, although a prison sentence is highly unlikely. A jail sentence as part of a probation term is a better guess ... but it's all a guess right now. All the case facts have to be analyzed in light of the Felony Sentencing Guidelines, which have 20 "offense variables", and 7 "prior record variables". We don't know enough about the case to do those calculations. In addition, there's the issue of the judge who is assigned and his/her sentencing tendencies.

Your son should either hire a criminal defense attorney or apply for a court-appointed attorney at his arraignment.

And, in addition to the first attorney's three suggestions ... why not add:

4. Do whatever you can to stop your son from breaking into any more homes!

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Answered on 9/24/08, 2:42 pm


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