Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. I'll be assisting you with your question.
In order to be convicted of burglary, often referred to as breaking and entering, the state must prove that your son unlawfully entered into some else's property with the intent to commit a theft or other felony.
In this case, he clearly entered the property unlawfully. The question here is whether he did so with the intent to commit a theft or other felony.
Based on what you've said, the state will have difficulty proving the second part.
As far as leaving the state, since he will be on bond, the bond conditions usually restrict a person from leaving the state. Those conditions can be modified by a judge, but the standard conditions will prevent him from leaving.
I understand. Often times the police will charge anything they think may apply and then let the DA figure it out.
Lastly, if he has a court appointed lawyer, there is usually no reason to go hire your own. Generally, the court appointed lawyers are very competent and experienced, as the handle hundreds of cases a year. That said, like anything else, it largely depends on the specific lawyer you get. Some are better than others, just as some private lawyers are better than others.
They usually do, especially for something as relatively minor as this.
Glad to help.
If I've answered your question, please remember to "rate" my answer before you go. Good luck to you and your son.