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Is It a done deal for my brother?

Norcross, GA |
Filed under: Criminal defense

My youngest brother was arrested a year ago for intent to distribute a controlled substance(1 pound of marjuana) possesion of a firearm during a felony and drug traffic in ecstacy(halp pound of pills)he got sentenced to first offender felony probation for 2 years and 5 months in jail. He was jus released a month ago and was just arrested for two Residential Burglarys(both at nightime and on the same day)he had a gun on him during the crime. He is being charged with possesion of a firearm by a convicted felon and 2 counts of participate in criminal street gang activity. He also violated his felony first offender probation. If convicted for all this is it a done deal for him? We live in georgia and he is only 19

Attorney Answers 3


  1. Nothing is over until you either plead out or are found guilty. However, he does seem to be in some big trouble. What he needs to do is get an attorney right away who can look at all of the facts and circumstances surrounding his new charges/probation violation to see if there are any issues with the State's evidence and the way they got the evidence. It is also possible that he may be able to help himself by providing information on others' criminal activities.
    The most important thing is that he gets a dedicated attorney now, before the case gets too far along.
    Please let me know if I can be of assistance. I would be happy to help.
    Regards,
    M. Jason Rhoades


  2. Done deal? No. Is in a ton of trouble? Absolutely. Not knowing what he pleased guilty to originally, it looks like he could be looking at as much as 45 years in prision just for the probation violation (which has a lesser burden of proof), if he was on first offender probation. he needs help, I guess is the best I can add to my answer. Good luck to him and the family.

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  3. It is not a "done deal" for him, but it is going to take an extraordinary amount of work, support and dedication for him to receive the best possible disposition.

    Setting all the specifics of the charges aside, his First Offender status and the original sentencing judge are going to be at the forefront of his mind for a good while to come. By violating first offender probation he has set himself up for a re-sentencing on the original charges. Not a revocation, but a re-sentencing. My old judge, and several else that I have worked in front of, had very strict policies when it came to First Offender. It is a double edged sword, and they are gonna cut him where it counts.

    The best thing that could happen to your brother is for a family member to retain a lawyer that is going to dedicate a significant portion of their practice to your brother for the foreseeable future. He does not need a "plea dog" type that is just going to pat him on the head as he sends him down the river, but someone that is going to create a "Global" solution for the Judge that shows the court how dramatically this young person will change their life if given another opportunity. I am thinking some type of major life change with enforceable penalties, etc.

    Even with this extraordinary effort, do not be surprised if your brother spends a good bit of time in custody, as Judges generally take a stern view of offenders and offenses like this.

    Good Luck. That is a tough situation and your brother may be paying the piper for quite some time.

    Warmest Regards,
    Joshua Schiffer
    www.TheSchifferFirm.com

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