Infiltration

vov35 location: Maryland Gender: Male \|	B&E charges < on 9/3/2010 1:16 AM >

	erm... juvenile b&e charges for being on a roof. wat do. "Only sheep need a shepherd." -- Voltaire

SaraBellum Berkshire Hunt location: Villa Villekulla Gender: Female Coming to a cinema near you this summer. \| \|	Re: B&E charges <Reply # 1 on 9/3/2010 1:58 AM >

	If this is your first offense, you should be able to plead guilty to a lesser charge, like trespassing. Then, Thank your lucky stars that you're still underage, pay your fine/do your community service, move on. [last edit 9/3/2010 2:04 AM by SaraBellum - edited 1 times] [01:47:56] <GreyDeath> Sara just stares her enemies into submission and eventually madness "You can either be wise or a bad-ass gangsta, but not both. You must choose your path." ~~metawaffle

Rinzler location: New Jersey Nomad \| \|	Re: B&E charges <Reply # 2 on 9/3/2010 2:01 AM >

	jump and dont get caught

ZenCanadian location: High Park, Toronto Gender: Male \|	Re: B&E charges <Reply # 3 on 9/3/2010 2:16 AM >

	run faster next time Zen and the art of infiltration... http://www.flikr.com/photos/zenslens Zen is an uber explorer, a demi god of craning and purveyor of the finer things in life.

AlphaCueUp location: Phoenix \| \| \|	Re: B&E charges <Reply # 4 on 9/3/2010 3:28 AM >

	plead guilty and try an get continuance without finding...hopefully get a couple of months unsupervised probation max...

Shawn W.

location:
Niagara Falls, NY
Gender: Male

Optimistic Pessimist

Re: B&E charges
<Reply # 5 on 9/3/2010 3:35 AM >

Posted by vov35
erm... juvenile b&e charges for being on a roof. wat do.

Is there any particular reason why you were charged with b&e instead of trespassing?

What is a rebel? A man who says no. - Albert Camus

badgerbadger

location:
Rhode Island
Gender: Male

Hey look, a ______! I wanna climb it!

Re: B&E charges
<Reply # 6 on 9/3/2010 10:38 AM >

Posted by Shawn W.

Is there any particular reason why you were charged with b&e instead of trespassing?

Assuming he went through the building to get on the roof?
[last edit 9/3/2010 10:38 AM by badgerbadger - edited 1 times]

[23:30:28] <Trap> Protip: Soylent Green is people
[23:30:39] <badgerbadger> Best. Protip. Ever.

consecrated

location:
Connecticut
Gender: Male

Æthereal

Re: B&E charges
<Reply # 7 on 9/3/2010 10:55 AM >

Posted by vov35
erm... juvenile b&e charges for being on a roof. wat do.

yeah... not sure being on the roof was so much the issue as how you got to the roof. Your entrance is likely the issue with the fuzz. If you crow-bared a door, probably find a different hobby. If the fuzz are overreacting, try to plead down to trespassing as was previously suggested, if that's possible.

Explorer Zero \| \|	Re: B&E charges <Reply # 8 on 9/3/2010 11:49 AM >

	skip out on your bond change your name

splumer location: Cleveland, Ohio Gender: Male \|	Re: B&E charges <Reply # 9 on 9/3/2010 11:53 AM >

	Do you speak Spanish? “We are not going to have the kind of cooperation we need if everyone insists on their own narrow version of reality. … the great divide in the world today … is between people who have the courage to listen and those who are convinced that they already know it all.” -Madeline Albright

Felonious Monk location: Between Bridgeport and Branford Gender: Male This text is personal. \| \| \|	Re: B&E charges <Reply # 10 on 9/3/2010 2:31 PM >

	Invest in lube. "i've been trying for almost a year to get Colfax to one of my events to give it some credibility" - bfinan0

SaraBellum Berkshire Hunt location: Villa Villekulla Gender: Female Coming to a cinema near you this summer. \| \|	Re: B&E charges <Reply # 11 on 9/3/2010 2:53 PM >

	After reading the responses to this thread, I hope you also learn not to ask legal advice from the miscreants of UER. [01:47:56] <GreyDeath> Sara just stares her enemies into submission and eventually madness "You can either be wise or a bad-ass gangsta, but not both. You must choose your path." ~~metawaffle

Gutter Monkey location: Melbourne, Australia Gender: Male Tell me if this tickles \|	Re: B&E charges <Reply # 12 on 9/3/2010 3:33 PM >

	Believe it or not, this'll make you an even better UEr in future. You might want to keep your nose clean for a while (especially if they release you on probation, don't fuck up that 2nd chance) but I bet you'll be a lot stealthier the next time you enter a building.

vov35 location: Maryland Gender: Male \|	Re: B&E charges <Reply # 13 on 9/3/2010 6:51 PM >

	it's b&e because the owners of the building left a window open and I stuck my head in it and poked a trophy on a shelf boredly. I didn't enter in my entirety. What I've learned is to not lock up my bike at a POE or even near the site. xD stupid bike lock takes forever to get off... "Only sheep need a shepherd." -- Voltaire

Ram23 location: Cincinnati, OH and/or Queens, NY Gender: Male \| \| \|	Re: B&E charges <Reply # 14 on 9/3/2010 6:55 PM >

	So long as you didn’t B anything all you did was E not B&E. Point this out to the prosecutor. Cincinnati UE Photos: http://zfein.com/photography

vov35 location: Maryland Gender: Male \|	Re: B&E charges <Reply # 15 on 9/3/2010 7:21 PM >

	as I recall breaking merely refers to the perimeter. also, does anyone know where I can find MD's code for B&E? I need to get an idea of what exactly I'm defending myself against. Thanks. "Only sheep need a shepherd." -- Voltaire

TuxThePenguin

location:
De Pere, WI
Gender: Male

Re: B&E charges
<Reply # 16 on 9/3/2010 7:22 PM >

Posted by Ram23
So long as you didn’t B anything all you did was E not B&E. Point this out to the prosecutor.

Exactly. If you didn't break anything to get in, the worst they could legally charge you with is trespassing.

MonkeyPunchBaby \|	Re: B&E charges <Reply # 17 on 9/3/2010 7:23 PM >

	and in most places trespassing is a minor offense. Here in TN its a class c misdemeanor, which if you get caught, all they can do is ask you to leave.

Shawn W.

location:
Niagara Falls, NY
Gender: Male

Optimistic Pessimist

Re: B&E charges
<Reply # 18 on 9/3/2010 7:50 PM >

Posted by vov35
it's b&e because the owners of the building left a window open and I stuck my head in it and poked a trophy on a shelf boredly. I didn't enter in my entirety.

What I've learned is to not lock up my bike at a POE or even near the site. xD
stupid bike lock takes forever to get off...

Like others have said, if you didn't actually break anything or force something open to get where you did, then it's not b&e. See what you can do to either plead down to trespassing, or get an ACD (Adjournment in Contemplation of Dismissal), which means basically that if you keep yourself out of legal trouble for however long the court decides, probably something like six months, the charges will be dropped. I don't know if they have ACD as an option where you live, but it's worth looking into it.
[last edit 9/3/2010 7:51 PM by Shawn W. - edited 1 times]

What is a rebel? A man who says no. - Albert Camus

hyphen

location:
Ontario, Canada
Gender: Male

Re: B&E charges
<Reply # 19 on 9/3/2010 9:12 PM >

Posted by Shawn W.

Like others have said, if you didn't actually break anything or force something open to get where you did, then it's not b&e.

I'm not sure about different state laws, but B&E does NOT usually require you to "break" anything.

Canadian example:

Section 98.3(a): "For the purposes of this section, a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered. . ."

Section 98.3(b)ii: "A person is deemed to have broken and entered if he or she entered without lawful justification or excuse by permanent or temporary opening."

Again, I don't know that Maryland shares this definition, and I certainly think that the charge of break and enter in this case (based on what OP has described) is excessive. . .

That said, he most certainly DID commit B&E by the Canadian definition. An open window is a temporary opening, and reaching his arm in through it is legally considered "entering".

EDIT: It's worth noting that because of the "instrument" language in the definition above, even sticking a camera through an open window and taking a picture would be considered break and enter here. It's also worth noting that under Canadian law, the police need to either catch you committing our equivalent of a felony, or be able to prove that you were planning to commit such a crime after the B&E. Hence my opinion that it's a pretty harsh charge in OP's case.
[last edit 9/3/2010 9:17 PM by hyphen - edited 1 times]

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