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tough situation. Put the shoe on the other foot and how would you feel if someone broke into *your* house and assaulted the owner(or you).. Sounds like a little more then the 'boys will be boys' mistake that the op is trying to make this out to be.. I know I would not be happy (he might be dead at this time actually) if he broke into OUR home and attacked us..
I hate to sound like a bad guy but if someone broke into my house at 0230 hours he would have about three holes in his chest in a tight grouping. Dumb things get people killed, even if it was a mistake and he was drunk. He could have been killed or knocked the homeowner down a flight of stairs and killed him. Advise from someone that works in the area and knows the criminal justice system. First, retain a lawyer. Second, enter a alcohol program and admit his mistake. He will be lucky if he does not get any jail time. I see a 60 or 90 day jail sentence maybe. If he is lucky the judge will take into consideration his admission of a drinking problem and his guilt of stupidity and ONLY sentence him to 5 years of probation. Good luck.
I am sure your nephew is a good kid. But it sounds like he has a serious drinking problem. There are many ways a person can have a serious drinking problem. They don't have to drink everyday, they may not appear to have a problem with it. I would bet that this isn't the first time your nephew has gotten so drunk that he behaved so out of character. Drinking excessively leads to bad behavior. This is a wake up call for him to stop drinking, completely. Thank goodness he wasn't hurt, and that a worse altercation didn't happen. This is VERY serious. I am sure your nephew didn't mean any harm at all, but he was not in control of his actions. How would you feel if you found a strange man in your house in the middle of the night? The court system is doing the right thing for your nephew. He has to be held responsible for his actions. It is his fault, and his fault alone. Don't feel sorry for him or make excuses for him. I am sorry that someone else got stuck paying for his mistake. I hope your nephew makes financial restitution to anyone who has paid for attorneys, bail, etc.
Exactly! Plenty of people party on the weekends, get drunk - maybe even do something dumb when they're drunk - and aren't raging alcoholics. Your genuine alcoholics usually aren't crazy kids in their 20s arrested for doing something stupid in Hoboken.
If I was the homeowner, I wouldn't press charges against the kid unless he did something really out of line.
Well, if that's what you want to believe I can't dissuade you. But it sounds like you're buying into some kind of stereotype about a "genuine alcoholic" that has long been discredited. Alcoholics can be any age or sex, have any income and social level and drink only during weekends (it's called controlled drinking) and be successful in their jobs or schools. Many times they are extremely intelligent and have an incredible work ethic.
And believe me there are plenty of 20 something alcoholics drinking in the bars in Hoboken. I used to be one of them.
Some horrible stuff happens when people "overindulge" regardless of age. Cops reading this thread will know what I mean.
And I wouldn't be surprised if the judge requires this young man to go to AA for period of time. There are people like that in the rooms all the time, waving their pieces of paper for a signature for their parole officer.
Last edited by clevedark; 03-24-2009 at 07:36 AM..
The op's nephew is lucky that the homeowner did not hear him enter and shoot him.
Evidently you do NOT know the rules of law in NJ. If you shoot an intruder in your home in NJ....YOU are in big trouble unless the intruder was going to assault you. In our good old state you must flee rather than confront. (yep, I know...you're going to shoot him then put a knife in his hand which has your finger prints on it....and if he lives his word that you shot him for no good reason)
First thing first, retain a good attorney.
secondly, ask for some type of rehab program for the kid (this shows the court that he's admitting a problem and is willing to rehab)
Thirdly.....he better get down on his knees and beg for mercy. Chances are he'll plead down, but better be safe than sorry.
And lastly, (and this should be done after the case is heard) he should apoligize to the homeowner.
Well if he struggled with the owner BECAUSE HE WAS TRYING TO ESCAPE, then he was trying to defend himself
He was not all that drunk anyways, think about
He knew he could not drive, and called a friend to see if he could crash, and then tried to sneak in, and realized on his own that he was in the wrong place
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In our good old state you must flee rather than confront. 
(yep, I know...you're going to shoot him then put a knife in his hand which has your finger prints on it....and if he lives his word that you shot him for no good reason)
