If my sonwas arrested for Attempted Burglary 2nd Degree as a first time-offender, what kind of sentence could he get?

My son and his friend stopped at a closed car wash, so he could use the restroom. The police showed up about 3 minutes later and said they had tried to break into the vacuum cleaner machines. So they arrested my son and his friend since they found tin snips in his truck and claimed that they were used to cut the chain on the machine. They did not have warrant to search the truck. The boys truck is very loud; he can’t go anywhere without being noticed. These boys have no reason to steal quarters. The real thief is still out there somewhere. Should we speak to a criminal defense attorney? In Canadian County, OK.

Asked on October 3, 2010 under Criminal Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should definitely speak with an attorney regarding a bunch of the issues that you have raised here.  Probably cause to search being the one that jumps out first.  Probable cause in the search of a motor vehicle is determined in various ways: in plain sight or actions that give rise to an assumption that a crime did, will or is about to take place. Smeone also needs to start to mount a defense in your son'sbest interest and investiagtion is best done as close to the date of the crime as possible: canvassing for witnesses, etc.  Did the station have surveillance cameras?  Also, was the restroom locked too?  Hopefully not. Seek help.  Good luck.  


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