he is on probation for 5 years total 2 left, he served four years for burglary already. if he gets convicted for burglary again what is the usual sentencing? He's been free of violations for three years. also is there any chance he will get granted bail before convicted?
If you're already on probation for Burglary what makes yo think that the judge would even concierge a minimum sentence for a conviction of Burglary while on probation for the same offense? Again, are you from Planet Earth? Hire a lawyer!
Generally speaking, judges do not go downward in sentencing when they sentence a defendant that comes back to the court for allegedly committing the same offense for which he is on probation. The fact that he did 3 years without a violation is good, but his probation was for 5 years and it sounds like there is a claim of a violation. Your brother needs to get an attorney. There is a good chance he will be held on the probation violation. The attorney can look at the new case and advise your brother about his options. Your brother's original attorney for the case that he is on probation for may be a good place to start.
There is no mandatory minimum sentence for burglary. At sentencing the judge must consider the character of the defendant, the nature of the offense and the need to protect the community. You have not posted any of the details about the nature of the offense, and, quite frankly, I don't believe that you would be able to provide enough information for an attorney on a free-advice website to give you any sort of educated guess without providing everything that is in the criminal complaint and the police reports. The character of the defendant encompasses a great deal of factors, including but not limited to his entire criminal record. Obviously being on probation for the exact same crime when he commits the offense is a strong argument against probation and highlights the need to protect the community from further burglaries. Additionally, courts almost never give a shorter sentence than the first offense the second time around. This question needs to be posed to his attorney - the person who has way more information than you would be able to provide here. Even his attorney is going to have a hard time giving an accurate estimate. The judge decides the sentence and the judge has a wide range to work with. You may just need to be patient and wait until the judge pronounces sentence at the sentencing hearing.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
Chances are good he has been granted bail, on the new charges. Chances of him getting out on the charges he has already been convicted of are non-existent. He needs a lawyer, now.
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