Attempted Burglary

[deckscrew]

What is the name of your state? California

My son was arrested a few days ago for attempted burglary, and possession of burglury tools, and violation of his probation. He plead guilty to a misdemeanor charge of petty theft three months ago and was given three years probation, and had to attend a drug treatement progam.

He said used that night and he went to a local store in an attemt to steal something in order to trade for drugs. He went to the store, and nosed around, but luckily he realized the stupidity of what he was doing, and left the scene without breaking in. He was arrested a few blocks away. His attorney said he looking at 30 to 60 days in jail.

While I am concerned about the drug use, he did finally make a good decision and decided not go further with his crime. My question is it a crime to think about robbing an establishment, but not going through with it?

Thanks

 

[Ozark_Sophist]

Possession of burglary tools probably violates his probation regardless if he was just window shopping or not.

 

[deckscrew]

You're right the burglury tools did violate his porbation, but the burglury tools were a wrench and a screwdriver which he uses at work. His intent was definately to burglurize the store, but he did stop himself.

 

[racer72]

My question is it a crime to think about robbing an establishment, but not going through with it?

It sure is, that is why there is a statute named "attempted burglary".

 

[deckscrew]

It sure is, that is why there is a statute named "attempted burglary".

But there was no attempt, only a thought.

 

[Ozark_Sophist]

But there was no attempt, only a thought.

Then why was he stopped by the police in the first place?

 

[deckscrew]

Then why was he stopped by the police in the first place?

A neighbor called to report a suspicious character lurking about the place at One AM.

He was actually arrested about 2 blocks away from the store. He was walking home and was stopped by the Police, he admitted to being the suspicious character, so they arrested him.

 

[OneFineDay]

If it walks like a duck.....

He matched the desricption of a subject outside the closed store. When he was approached, he admitted to being the subject in question and had tools on him. What's to say he didn't get spooked, left the scene only to return later. Sounds like a good collar to me.

 

[deckscrew]

He matched the desricption of a subject outside the closed store. When he was approached, he admitted to being the subject in question and had tools on him. What's to say he didn't get spooked, left the scene only to return later. Sounds like a good collar to me.

He admitted to being in the area, and that he was there to rob the store, however, he thought better of it and left. The tools in question were a screwdriver and a wrench. Burglury tools perhaps, but also tools he uses at work, granted he doesn't work at 1 AM.

He says he did not get spooked and did not know the police were called, thats why he walked home stopping by a friend's house on the way home.

I am not trying to defend his actions, however, for once after he displayed some bad judgement he reversed his decision and walked away from trouble. I find it curious and somewhat disturbing that thinking of doing something can be illegal, even if no actual crime was committed.

 

[tranquility]

Get an attorney. Attempted crimes usually need to be very close to completion before charged and there may be a lot of room to argue the point there. The burglary tools seem valid (if he had the intent--which you admit) and the violation of probation as well. There is serious trouble her no matter what, but the blow might be softened with competent representation.