Much depends on things including his past history, his judge, what his plea arrangements are and his guidelines. The most important thing you can do right now is hire a criminal defense attorney.
-Attorney Scott Aaronson
This is really a question for his attorney. However, depending on the impact of his health / mental issues, Prison would not be out of reason as home invasions are generally very serious crimes.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
For a prosecutor to prove someone guilty of almost any crime, there is a requirement that the prosecutor show criminal intent. In other words, the defendant has to have known what he was doing. Depending on the degree of his brain damage, there may be an issue as to whether or not your son had that criminal intent, even if he did do what they say he did. There are a lot of factors that go into whether or not he would go to jail if he is convicted. Getting an experienced defense attorney is crucial.
The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.
If your son has never been in trouble before, and if the alleged offense was committed on or after his 17th birthday, then even if he does not want to take his case to trial or otherwise fight the evidence, he is eligible for, and should receive (with the right criminal defense attorney working for him) youthful trainee status under the Holmes Youthful Trainee Act ("HYTA"), meaning that he would enter a plea and would be placed on probation-like conditions without the Court entering a "judgment of conviction" against him. In other words, he is treated as if he were guilty until he successfully completes the probation, and then he has no permanent public record of conviction. However, HYTA can also include time in jail or prison. Whether he will be incarcerated, for how long, and whether it would be jail or prison depends on his sentencing guidelines, which take into account the facts of the case. However, if he really didn't do it, maybe he should fight the case at trial. At a minimum, if he has brain damage, a good attorney would look into filing either or both of the following; a Petition for competency evaluation (to stand trial); and/or a Petition for evaluation relative to criminal responsibility. People who cannot form the intent necessary under the law to satisfy the state-of-mind element of a criminal offense are not held criminally responsible. Get a good criminal defense attorney.
- Brian J. Prain, Wayne County criminal defense attorney - (248) 763-0641