SHOP PRODUCTS
Houzz Logo Print
joann23456

Frustrating day at work

joann23456
13 years ago

As some of you know, I am a criminal defense lawyer. Today, I had a trial scheduled for a young man charged with breaking and entering a house with the intent to commit a felony, thereby putting the owner in fear. (This is an enhanced crime from simple breaking and entering, and is usually charged when the owner happens to be at home or comes home in the middle of the break-in.)

The facts of the case are that a friend of my client borrowed my client's iPod and didn't return it, so my client and another friend decided to break into the borrowing friend's house and steal his television. They rifled through the borrower's mother's jewelry and took a flat-screen television off the wall in preparation for stealing it, but the borrower's mother came home in the middle of the robbery and my client and the other guy ran away without actually taking anything.

My client was in court today with his aunt. He's very young and has no criminal record, and the D.A. offered him a period of probation with community service and restitution for the victim. If he did all of this successfully, he'd wind up with no criminal record. It was a good deal, and I urged him to accept it.

He was hesitant. He didn't want to be on probation, didn't see why it had to be for so long. Anyway, the borrower's mother knew him, so why had she been scared? (I spent a long time trying to explain to him that there's a big difference between seeing your son's friend *with your son* and seeing your son's friend and another guy in your apartment when you come home at night. He didn't get it.)

And even worse, his *aunt* didn't get it. Didn't understand why everyone was making such a big fuss over such a little thing, and why couldn't they just pay for the broken door and call it quits? After all, nothing was actually taken.

Then, when (after a long conversation) I'd made it clear that he wasn't going to just walk away from this, she started saying, "Well, could he just go to jail for a few days and not have to be on probation?" I was gaping at her. Then he'd have a felony record for the rest of his life and, um, he'd have to GO TO JAIL!!!

You could really see that this young man hadn't received good instruction from his elders, but the whole thing made my head hurt.

Comments (14)