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My brother was arrested, he was just released from prison 11/7/07 what are his chances of going back to prison?

Asked about 3 years ago - Bradenton, FL

He was arrested for robbery, the state picked up the charges but the "victim" isn't coming forward. My brother admitted to physically assulting the man but says he never stole anything from him, he told the detective this but was still charged with robbery. The only witness was with my brother and she is choosing not to get involoved because she is on probation and was not suppose to leave her house. What is the best way to handle this situation? What is the best/worst case scenrio for my brother since he falls under the re-offender laws? I should I be prepared for him to go back to prison? PLEASE HELP

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Attorney answers (2)

Don Waggoner

Reputation Level 14

Answered about 3 years ago. Criminal Defense Attorney in Kissimmee, FL.

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Simple robbery w/o a weapon carries a maximum prison term of 15 years. As a prison release reoffender (PRR), your brother is facing all 15 years day for day. However, if it was not a robbery, and was not another aggravated violent offense, that is not going to happen. The state needs the cooperation of the victim. Your brother's admissions won't come in unless a prima facie case that a crime occurred is proven.

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Aaron J. Slavin

Reputation Level 12

Answered about 3 years ago. Criminal Defense Attorney in Clearwater, FL.

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Because your brother was just released from prison, the State is likely to file a Notice of Intent to seek a Prison Releasee Reoffender (PRR) sentence whereby your brother would have to serve his sentence day-for-day. That would be the worst case scenario.

Your brother definitely needs to speak with an experienced criminal defense attorney. If an attorney can convince the State to reduce the charge from a Robbery to a less serious crime (such as a Theft or Battery), he would escape the PRR sentence.

Without more information, it is too difficult to give you much more information.

If you would like to discuss this in further detail, please contact my office and I would be happy to help you out. We handle all crimes of violence throughout the Tampa Bay area.

Slavin Law Firm - Website

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