We just got a call from the neighbor who said their 5 year old daughter came by last night to see if she could play with our dog since she considers buddy one of her best friends. A man answered to door told her the dog wasn't there and closed it on her. She ran home crying and scared. Thank god, thank god, thank god nothing happened to her...

The man spent the night at the house and left, when our cleaning lady arrived this morning the key that we keep hidden was missing. From what we know, everything seemed in order but god help that person if one piece of my fishing gear is missing...

Time to call the police. The car was a black altima.

Just had to vent here...:mad: I'm steaming right now.

I dont blame you for venting.....that must be a horrible feeling....I hate people....thank god your neighbor's daughter is OK....Hope they catch that loser.

That is one lucky little girl. Its also luchy nobody else was home. Burglers in the house when you're home isn't a good situation at all. You know someone won't be leaving under their own power....

Sorry man.......

I'm making some progress on this. The car happens to be the same make and model of one of the fisherman in town that I worked on the same boat with 3 years ago. I don't know how he would know where the key is but I called the cops and gave his name as a suspect. They know him well at the station so hopefully they can show a mug shot to the girl and close this case.

What sort of punishment to you get for B&E?

You should have Johnny Law check the inside door handle for prints.

Only problem was no one was home. It would be a felony had someone been home during the night. So less punishment.

scary

I'm making some progress on this. The car happens to be the same make and model of one of the fisherman in town that I worked on the same boat with 3 years ago. I don't know how he would know where the key is but I called the cops and gave his name as a suspect. They know him well at the station so hopefully they can show a mug shot to the girl and close this case.

What sort of punishment to you get for B&E?

Depends on the reasons why he's so well known at the station ;) If he has priors for B&E, there may be a mandatory sentence. B&E of a dwelling in the nightime is actually classified as "Unarmed Burglary:

MGL Chapter 266, Section 15--"Whoever breaks and enters a dwelling house in the night time, with the intent [to commit a felony], or having entered with such intent, breaks such dwelling house in the night time, the offender not being armed, nor arming himself in such house, with a dangerous weapon, nor making an assault upon a person lawfully therein, shall be punished by imprisonment in the state prison for not more than 20 years and, if he shall have been previously convicted of any crime named in this or the preceding section, for not less than five years".

It might not matter whether anyone was home, either, if it could be proved he broke in at night. A "dwelling" doesn't necessarily have to be occupied at the time of the crime for it to be a B&E of a dwelling.

B&E is a felony no matter what, but a daytime B&E is a concurrent jurisdiction felony, which means it can be prosecuted in a lower court and a misdemeanor sentence can be handed out.

The Commonwealth still has to prove that he broke and entered with the intent to commit a felony. That may be the sticking point here, if nothing was taken.

I know how you feel VIOLATED my house was broken into 4 yrs ago
we also found the people who did it but the police couldn't get them on any charges , it was some boys from my neighborhood they missed all the good stuff took a BIG jug of $$$$ JR> was saving for a color FF they also took many important papers Documents that can't be replaced but life goes on
just remember what goes around comes around
the VIOLATERS will never forget ME:af: as long as they live
Hang in there sluggoslinger
ML Sr.:angel:

that sucks nothing is worse than knowing a stranger was in your house...
On a funny note, not that a break in is funny....

throw out your toothbrushes... (one of my favorite urban legends)

What NEBE said should be adherred to. Throw out anything that was open in the fridge and yes toothbrushes. Damn good idea Nebe.

A break and entering occurs when any barrier is removed so entry can be gained. Door doesn't necessarily have to be locked. Removing barrier is the key there. (Could be a piece of plywood) Doesn't have to be a felony either. Thier are so many things invloved such as the justice system employees reducing any crime charged from a felony to a misdomeanor. Thier are other felonys a person can be charged with also that relate to property crimes, ie; larceny from a building(felony), mal damage over $250.00(felony), and so on. That little girl should be commended for paying attention when she was taught about stranger danger. Most kids would have thought the burglar was just visiting the neighbors.

Get a dog. I'd love to see some m'fer break into my house. He'll be deaf when he leaves from all the barking...:wiggle:
Here's a pic of my killer pup...:laughs:

I hope the parents of that girl keep a very close eye on her since she can ID him. There are some sick MF'ers in this world. Dont forget to take precautions for Identity Theft. Call the bank, and credit card companies(change CC numbers) and check your credit reports. I am sure you have already done this, just thought I would throw it out there anyway.

Good luck.

That does suck, I'd pay close attention...who knows what may crop up...but eventually it will be in the past.

-spence