My step brother was arrested for two counts of Residential Burglary and two counts of participate in criminal street gang activity. When he was arrested for the burglarys they found a gun on him so being that he is a convicted felon he is also being charged Possesion of a firearm by a convicted felon. He was arrested a year ago because he got pulled over with a pound of marjuana and a gun, he did 11 months and got 10 years felony probation and after being released approximently 7 weeks later he was arrested for this. How serious is a gang charge? and is it just a sentence enhancement for the residential burglary charges? while sitting in county jail with no bond for the burglary charge they found out he was a gang member and thats how he got the gang charges.
Both burglary and gang charges are serious, especially in Gwinnett County. Your stepbrother needs a good lawyer. Please contact me if you would like to discuss his case in further detail. 404-812-4305
Your stepbrother needs a good attorney.
The new charges are very serious felonies. In addition, he is on probation and will have a probation hold on him pending revocation of his probation. Bail is not likely to be available to him at any time. He can expect some prison time either on the probation revocation, the new charges, or both.
You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Generally, to be convicted of criminal street gang activity, the underlying charge--the residential burglary--must relate, in some way, to his involvment in a gang. So if your step-brother is involved in a gang but committed this residential burglary independent of his gang activity, the gang charge may not stick. This is a very broad and general answer I have given and I would definitely consult a lawyer who can asses the facts of your step-brother's case.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline