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My son was working for a house cleaning business. He took…

Customer Question
My son was working...

My son was working for a house cleaning business. He took something of value then returned it. they have him charged with 2 counts ofhome invasion with intent to steel. He had permission to work there and clean. Had a change of heart took things back. what are his chances of getting off. also his bond is a hundered thousand . where can he get a lawyer.

Lawyer's Assistant: What was your son charged with exactly? Are there any upcoming court dates?

I heard it was resdentual burburgurler, or home invasion with out permission to enter. he is in waterloo il 62298 Monroe co.

Lawyer's Assistant: Has he talked to an IL lawyer about this yet?

No he needs one, but dont kniow where ton start. He is low income.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He was on parole for buying sudifed, spent time in Marion correctional, couple of years. I am his mother. His name is Kevin E Spurlock

Submitted: 4 months ago.Category: Criminal Law
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Answered in 33 minutes by:
3/16/2018
Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 729
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

Two parts to your answer here.

First: Residential burglary is not a complicated crime. It is committed when a person "knowingly and without authority enters" another's dwelling with the intent to commit a theft or any felony; OR, knowingly and without authority remains within the dwelling of another with like intent. The key is "remains." Once he decides to steal something the law views his permission to be there as revoked. So has has "remained" in the dwelling without authority with the intent to commit a theft. So if those are the accepted facts of the case, I do not see a defense.

Second: You cannot unring this bell but you can mute it a bit. Having a change of heart and returning the property may help mitigate the punishment in some way. If he makes a good case for himself, is remorseful, and there is no actual loss of property, I would hope that the best outcome would be a parole violation in lieu of the new charge. "In lieu of" cases are relatively common. Not in residential burglaries, but in your son's case there are several circumstances in mitigation. First, he entered with an innocent purpose. Second, although he formed the intent to steal after he entered, he was not only remorseful but of his own accord returned the stolen property. Those are pretty strong mitigating circumstances. Doesn't help that he was on parole but as I said, under the circumstances he would be doing well if he could settle the case as a parole violation rather than a new felony.

The state will provide an attorney for him if he is in custody. The normal perception is that people in felony custody are deemed to be indigent and automatically qualify for the services of a state appointed defense attorney.

Hope that helped. If so, please don't forget to rate this answer. You can always return here with follow up questions on this topic at no additional charge. And thank you for using Just Answer.

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Customer reply replied 4 months ago
Thank you so much.you have been helpful.
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