Consult and retain an experienced criminal defense attorney in your jurisdiction ASAP. Further discussion in this forum is not in your brother's best intetest. Early interaction with your attorney will maximize your options.
What an attorney has seen may be of interest in a conversation but is of little value in reference to a particular case. Probation availability is determined by multiple statutory factors and ultimately determined by the sentencing judge AFTER considering the guideline calculation. It is the defense lawyer's task to advocate for the least onerous sentence.
Yes or no is not an answer to ANY inquiry that involves a legal analysis by an experienced criminal defense lawyer. Every analysis requires a complete context within with an attention to detail that far exceeds that given in your inquiry.
The prosecuting authorities, both federal and state, look at multiple factors to determine if charges should be brought. Then it is the task of the experienced criminal defense lawyer to develop theories of defense that are viable.
The combination of a state of Illinois case and a federal case always complicates the time necessary for resolution. The public confusion regarding Eric Holder's statement is growing. Please Note: there is no change in the law regarding drug cases or sentencing. The changes will come slowly via a combination of a policy shift in prosecution, new or amended law from Congress and new or enhanced awareness in the courts when judges interpret the existing and new laws.
There is hope. Regrettably,...
An indictment is the charge returned by a grand jury. It will contain the charge and the statutory citation. That initial information is very important. Consult and retain an experienced criminal defense attorney ASAP.
Criminal background and the nature/extent of alegded injury are important factors in plea negotiations. Also, important is history of previous police involvement. How Law enforcement reported the incident; what is the personal background of the accused are important for the defendant's attorney to investigate. The presentation of defense counsel to the prosecution of the whole of the accused person not just the police or complaining witness view of the accused is critical. Many other factors...
The coordination of federal and state prosecutions is a complex endeavor. Your questions are good and concerns are real. An attempt to simplify the approaches and strategies available to you would be a disservice. Consult and retain an experienced federal and Illinois criminal defense lawyer who will listen to you. Advocating for you is the obligation of your attorney.
A motion to withdraw the plea must be filed within 30 days of the date of the plea. It is within the judge's discretion to allow or deny the motion. Your best approach is to consult and retain an experienced defense lawyer to prepare and argue the motion.
Asking lawyers if you need a lawyer is problematic. Lawyers are advocates for their clients. That means the lawyers purpose is to determine the best course of action for the accused. Good lawyers listen, investigate and combine the information with their experience to advise the client of options and strategies.
Many other factors must be considered to answer your question with an answer it deserves.