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What is the penalty for a Breaking and Entering charge for a minor, in Martinez, CA, Contra Costa County?

Martinez, CA |

The minor is fourteen years old, no prior arrests.
She entered a house that we use to live in that was lost in a foreclosure and is now owned by a bank. There is no one living in the house. The house is completely empty inside and outside. No damage was done to the house. There was a window that never locked and that is how she entered the house.
Neighbors reported a burglary in process when the police were called.
There were three other teens, minors, with her.
They had been smoking marijuana, and my niece was charged with possession of over one ounce of marijuana, and charged with usage of marijuana as a minor.

What are the possible penalties she faces?

Attorney Answers 4

  1. She will not be charged for burglary, since it is clear under the circumstances that she did not enter the house for the purpose of stealing or injuring the person of another. She entered the house to smoke with her friends, and the Contra Costa District Attorney will likely treat this case with an eye toward reforming the minor's behavior regarding drugs.

  2. Hire a local attorney or rely on the advice of a public defender that will be appointed to represent the minor. Good luck.

  3. Possession of marijuana more than one ounce is a misdemeanor with a six month maximum plus a fine, there is no crime for being under the influence of marijuana only. I cannot guarantee you that she will not be charged with burglary, and a residential burglary is a potentially serious felony carrying up to a maximum of 6 years in custody. Alternatively, this could be a simple trespass. Consult with an attorney immediately because given her age and lack of record she needs a good advocate to attempt to minimize the impact of this case on her future. good luck.

  4. each case is different and is based on the facts and circumstances of the case, the parties involved, prior record, aggravating and mitigating factors, skill of the attorney, etc. Hire a local lawyer ASAP. Good luck.

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