Thank you for the opportunity to assist you.
Q) I guess it doesn't matter if he is pressing charges, the city must be since they were called and there was a case opened
This issue about "taking out charges" comes up a lot, and it's one people frequently misunderstand. Once a report of possible criminal
activity is made to the police, the police then have discretion whether or not to charge some, whether to investigate further, etc. The DA also has similar discretion to prosecute the case, or to drop the charges, or something in between.
In contrast, it is NOT up to the complaining witness to make a decision about "dropping" or pursuing charges. That only happens on TV.
Here's a real-life example I see all the time: wife calls the police, says her husband has hit her. Police arrive, observe that wife has been injured, and arrest husband and charge him. A month later, at the trial
, husband and wife have made up and wife doesn't want husband to be prosecuted or go to jail. The prosecutor CAN follow the wishes of the wife and dismiss the charge. OR, the prosecutor can say, "Tough luck, lady, your husband's going to jail!" and prosecute the case. It's entirely up to the prosecutor, no matter what the wife wants done. She cannot simply say, "I want to drop the charges!" The prosecutor CAN do that, or not.
In this case, it's not up to the builder whether to take out or pursue those charges. In reality, if the builder says to the DA, "I absolutely don't want these young men prosecuted!", then maybe the charges will be dropped or reduced, or some sort of agreement can be reached. Usually, DA's tend to follow the wishes of their "victims" of alleged crime. BUT, the DA does not have to.
So, obviously the builder called the police to report the incident. Maybe it was for insurance purposes, who knows. The botXXXXX XXXXXne is that the police could, but did not have to, take out a warrant against people (including your son) who they believe possibly committed a crime against the property, in this case trespassing or unlawfully entering the structure. Similarly, the prosecutor could, but does not have to, prosecute the case against your son.
Q) I'm worried if he doesn't turn himself in, they he might end up getting pulled over for whatever reason and taken to jail because of the warrant.
I agree. The warrant is not going to go away now, and they don't expire. THe cops could come looking for your son a few weeks from now and arrest him in the middle of the classroom at school. How embarrassing.
Your son should not avoid this situation. He should turn himself in and start the process. Hopefully, it will eventually be resolved favorably.
Q) I also don't want him starting this whole process of turning himself in, getting a lawyer, waiting for a court date or two. If he doesn't need to if it's possible it would be dismissed
As I discussed above, your son has to go through the process in order for the matters to be resolved. Hopefully, as he is a young man, has no other criminal record
(?), and is continuing his education by going to college, perhaps a deal can be struck where the charge will be dismissed with a sincere apology and an assurance to the judge that a valuable lesson has been learned. At this point, though, since a warrant has been issued, the process has to take place and unfold as it will.
Finally, please tell your son to not answer any questions the police may ask when he is arrested. Although there may be enough evidence already to convict him, his admitting to being in the house, and saying it was just a foolish thing to do, won't get the charge dropped and won't help him and his attorney if the case DOES go to trial. Your son can politely say, "No officer, I do not wish to speak to you about the case, and I wish to speak to attorney."
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