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Burglary F2

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#1 Ohio513


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Posted 06 April 2011 - 01:53 AM

My Son broke into his cousins house and took her lap top while she was at work.  He has been in and out of heroin treatment thru the court for the last year.  His counsins'  "husband" (they are separated and he owns/lives in another house) has decided to not allow a plea for additional treatment.  This  means a minimum of 2 years prison.  Since the estranged is not the owner of the house not a resident how is he allowed to say it was his laptop and not my Son's cousin's laptop (since it is her home and I do have the auditor site deeds as confirmation).  I have the public deeds showing that the estranged is the owner/occupant of his own dwelling and my Son's cousin is the owner of the burglarized resident.  His cousin doesn't want to deal with the court hearing so she told the police it was her estranged husbands lap top so he would deny the plea.  Is there anything we can do?  The state of Ohio has assigned an 2911.12 charge.

#2 Ohio513


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Posted 06 April 2011 - 06:34 AM

I guess this is too complicated for an answer?

#3 lawtalkingguy


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Posted 06 April 2011 - 08:38 AM

Couple things to keep in mind.

1) Victims of crime generally don't get to actually decide whether or not someone is eligible for treatment or what kind of punishment they receive. The prosecutors and court will generally take their wishes into consideration, but ultimately the court makes that call (within the confines of applicable law).

2) Sorry to say, but there isn't anything you can do for your son, assuming he isn't a minor, other than hire him a good attorney and offer moral/financial support. If he already has a lawyer, you can certainly try to convey this information to them, but understand that you aren't their client and they are restricted in what they can tell you, and depending on work load they may not have the time to discuss the case even if they could.

As for the issue of who owns the laptop, to be honest I'm not sure it makes much of a difference, but you would need to ask an experienced Ohio criminal defense attorney for details. The bottom line is that from what you described here, your son committed the offense. Even if his cousin were willing to come forward and admit to lying to the police/prosecutors earlier, I'm not sure that would have much influence on the decision of the court as to his sentence.

Bottom line, he needs to get, or work with, his attorney as best he can.

Best of luck.

#4 FindLaw_John


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Posted 06 April 2011 - 09:38 AM

Agreed with the previous poster. Your son's next best move would be to hire adequate legal representation. If you need assistance locating a criminal defense attorney in Ohio, try using FindLaw's Lawyer Directory. Many attorneys listed there even offer free consultations, so you can speak to a few at no cost.

Side-note: These forums are used and participated in on a volunteer basis. Many questions often go unanswered for a day or two before a reply is offered.  Keep that in mind the next time you post a question.

Best of luck with your son's situation, and let us know what happens.

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