Legal Question in Criminal Law in Rhode Island
Breaking & Entering
19 yr old broke basement window of vacant home (under construction) and entered dwelling. 19 yr old broke table saw during incident. Report filed with Police. 19 yr old not charged as yet. (Aquantance relationship between 19 yr old & home owner) Home Owner stated no charges will be brought if 19yr old makes restitution of $500.00. 19yr wants to make restitution but concerned charges will later be brought against 19 yr and payment will be perceived as proof of guilt. Is there a legal document that when signed by both parties and notorized will protect 19 yr old from further legal prosecution? I only have 6 days before Home Owner's offer expires. Thank you in advance for responding.
1 Answer from Attorneys
Re: Breaking & Entering
I suggest the 19 year old either ask the homeowner to sign a receipt for the $500 (a simple sentence stating, in essence, "I acknowledge receipt this April 25, 2007, of $500 from [19 year old] in compensation for broken table saw and window").
If the 19 year old does not trust the homeowner (and the 19 year old should understand that attorneys licensed to practice are subject to very strict rules of ethics that demand honesty), then the 19 year old could instead bring along and keep in his coat pocket a small tape recorder (available at Radio Shack for under $50) to record the conversation wherein the homeowner promises not to press charges and acknowledges receipt of the $500. Such taping with knowledge of just 1 party (the 19 year old) is permissible under RI law at this time.
Good luck,
Scott
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