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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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My nephew is being charged with breaking and entry and vanalism

Customer Question

My nephew is being charged with breaking and entry and vanalism to a boat. There were 4 people that participated, two juveniles, my nephew who was 18 at the time and a 36 year old was there as well. A police report was filed, they all admitted to what they did but the person who owned the boat decided not to press charges until now (10 months) later. This is his first offense ever; the reason why he participated is because the owner of the boat was stalking his mother - who was recently arrested for violating his restraining order and he is also being charged as an accomplice to planning a kidnap of a minor. Needless to say, he is pressing charges for the vandalism to his boat to get back at my nephews mother. Regardless - what is the worst that can happen to my nephew as far as his charges go against the boat? His part in all this was opening the windows to let the other in and he spray painted a word on the back of the boat.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - It is impossible to predict the outcomes of court cases but, assuming this is his first offense it is likely he will receive a fine and probation or some community service. Obviously the charges are being pressed as a retaliation measure and although the crime is still a crime the circumstances will probably mitigate whatever the penalty may be. Your nephew needs to get an attorney and if he cannot afford counsel the court will appoint a lawyer. He should not discuss the case with anyone and allow his attorney to fully investigate the case to see if there were any violations of his Constitutional rights in the arrest or investigation. There is nothing he can do at this point to stop the case from proceeding but he certainly can protect himself by keeping quiet and asking for a lawyer. Paying for the damages may also be part of the penalty but the fact that the parents offered to pay is not relevant to whether a crime was committed.
Customer: replied 5 years ago.

The owner of the Boat sent an email to my nephews mother that said; if she slept with him, then he would not press charges against her son.


She still has a copy of that email, would they be able to use that email in their favor or is something like that not admissible in court?

Expert:  Dave Kennett replied 5 years ago.
Yes I would try to have it introduced to show that the charges are being pressed i as part of a blackmail scheme. She should report this to the police and the prosecutor on the case. The "victim" might be in more trouble than your nephew if they charge him with blackmail or interfering with the court case.