He was arrested for Larceny 1 and Identity theft 1, and is being accused of getting, and using, credit cards with some one else's information without their permission. He is in his thirties and does not have an arrest record.
Personal Injury Lawyer
The identity theft disqualifies your brother from AR as it is a class B felony.
He may be eligible to apply for AR if the charges are reduced. This assumes your brother has not been previously convicted of one or more of several serious motor vehicle offenses and not used AR before.
Your brother needs the assistance of a competent criminal defense attorney.
Brian S. Karpe, Esq. (860) 242-2221 Note: This response DOES NOT constitute legal advice and therefore no specific action should be taken in reliance thereon. No attorney-client relationship is created through this response. You should speak to an licensed attorney in your state who is competent to answer your question before taking any action with regard to this question.
He absolutely needs an attorney! The charges are quite serious and thinking about AR at this point is putting the cart before the horse. Furthermore, as Attorney Karpe points out, your brother is not eligible for AR in light of the charges currently pending against him. He should consult with an experienced criminal defense attorney. There are many excellent ones here on AVVO and most offer free consultations.