QUESTION
Will my nephew serve prison time for a second degree burglary and fourth degree grand larceny?
Asked on Sep 23rd, 2012 on Criminal Law - Florida
More details to this question:
We have no money to get him out and I doubt he would survive in prison.
13 ANSWERS
Michael J. Breczinski
He might depends on his prior record and the facts of the case.
Answered on Sep 27th, 2012 at 11:05 AM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
Update Your Profile
Depends on the facts of the case and his record. If he's guilty but has no record, it could go for local jail time and probation. If he has past felonies or past theft-type misdemeanors, it could go for prison time. He should get a lawyer.
Answered on Sep 25th, 2012 at 5:18 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Every crime carries potential jail or prison upon conviction. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. If this is not a California case, as appears from your description of the charges, then repost to attorneys in your state, and either consult with local counsel in your state, or apply to the Public Defender.
Answered on Sep 25th, 2012 at 5:17 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
This is not a question for a California lawyer, there are no degrees of larceny in CA, talk to a lawyer in your state.
Answered on Sep 25th, 2012 at 5:17 PM
Appellate Practice Attorney serving Clinton Township, MI
at
Thomas J. Tomko, Attorney at Law
Update Your Profile
It is impossible to answer your question without a great deal more information. I suggest that he request a Court Appointed attorney to explain it to him. If you wish to retain an attorney, you may call for an appointment. It may be difficult to raise money, but it may be well worth it if Jail/Prison is avoided. I hope that this was helpful.
Answered on Sep 25th, 2012 at 5:17 PM
Workers Compensation Law Attorney serving Sacramento, CA
at
Ernest Krause Attorney at Law
Update Your Profile
So he has bailable offenses and is in county jail? That means he has not been tried and convicted? Could be released pending appeal? He has a public defender who will ably handle the case. Jails/prisons are crowded. Physical/mental illness can be one factor in the judge's decision.
Answered on Sep 25th, 2012 at 5:16 PM
3 Awards
Get a public defender and follow the advice.
Answered on Sep 25th, 2012 at 5:16 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
It sounds like a very good likelihood hew will do prison time, especially if he has prior criminal history.
Answered on Sep 25th, 2012 at 5:16 PM
Michael Paul Vollandt
Depends on his record and the facts of the charges. He is perilously close to be sentenced to prison but he could be given probation with a state prison sentence suspended.
Answered on Sep 25th, 2012 at 5:15 PM
Thomas Edward Gates
It depends on his prior criminal history.
Answered on Sep 25th, 2012 at 5:15 PM
Gary Moore
He might, if the charges are not reduced to a lesser degree crime.
Answered on Sep 25th, 2012 at 5:14 PM
Leonard A. Kaanta
It is possible for him have either jail or prison time.
Answered on Sep 25th, 2012 at 5:14 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Only an attorney who knows all the facts, most of which are not given, can answer this question.
Answered on Sep 25th, 2012 at 5:13 PM