Criminal Law Questions? Ask a Criminal Lawyer.
Let me help you a little with the terminology here. If he was arrested yesterday, he most likely hasn't been formally charged by the State prosecutor's office just yet. What has probably happened so far is the law enforcement agency has forwarded their investigative reports and what is sometimes called a probable cause affidavit to the State Attorney's office (you may have heard the term D.A. for District Attorney which is the same thing). Then an intake attorney will look at the report, contact the alleged victim, and make what is called a "filing decision" which means he or she will decide what criminal charge, if any, to formally bring against your brother and prosecute him for that. The intake attorney can file more serious charges, lesser charges, or no criminal "Information" at all.
Burglary is typically a felony whereas shoplifting is usually a misdemeanor. These are some serious allegations and I would strongly suggest your brother retain an experienced criminal defense attorney licensed in your state.
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Hello again Customer:
If he has had his first appearance which is usually within the first 24 hours, then you can post his bond, or if its too high, you can have an attorney file a Motion to Set Reasonable Bond, set it for hearing, and argue why it should be reduced to a more affordable amount.
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