My brother is being charged with grand theft, arson and stolen property deal in. Him and another man were paid to steal a boat. The guy who paid them and provided the truck to steal the property has a warrant out. What kind of prison time is my brother facing? This is his first offence, no priors
Grand Theft depends on the value of the boat (up to $20k is 5 years, up to $100k is 15 years over $100k is 30 years), Arson could be a 2nd or a 1st degree felony (15 or 30 years) and DSP is a 2nd degree felony (15 years).
Your brother is in for a serious ride, and, frankly, you are not helping by making admissions on his behalf. If you want to help him then get offline and into a real world lawyer's office.
Your brother may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in his unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney's offices, where statements are privileged and cannot be used against anyone.
The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your brother's information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.
My advise: GET OFFLINE (caps intentional) and into a skilled and experienced Hernando area criminal defense lawyer's office. Use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, make an appointment, show up on time, bring whatever evidence, documents or witnesses that your brother may have, engage in a meaningful face-to-face consultation and get your brother some advise which is legally sound and has been custom tailored as possible to meet your brother's specific reasonable needs in your brother's unique case.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
I agree with Mr. Haber, as to the statutory maximums he is facing for each offense. Statutory maximums are only his maximum exposure, any plea offered by the State Attorney's Office and his sentence if convicted of all offenses will be based upon the Florida Sentencing Guidelines. The arson and dealing charges will likely score a sentence that requires mandatory state prison time, even for a first time offender.
Mr. Haber is 100% correct, you need to help your brother get the best attorney he can. Charges can be plea bargained down, many times for testimony against the ring leader. The sooner he is represented and this attorney can start advocating on his behalf, the better the outcome.
Please let me know if this post was helpful by hitting the helpful button.
A private attorney may be able to negotiate a plea bargain which may not include incarceration. A lot of it depends on the victim's attitude and your willingness to pay restitution.These are serious allegations that could put your brother in prison so hire a local attorney and let him work it out with the prosecutor or get ready for trial if the evidence against your brother is weak,You need to get your brother an attorney ASAP as this could result in prison time !
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