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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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Our son has been an addict for 12 years. We have been unable

Resolved Question:

Our son has been an addict for 12 years. We have been unable to find him for 4 months. We found out yesterday he was arrested last week and charged with seven burglaries in the third degree. We live in Alabama. What are the laws and sentencing for this many charges? Is there any hope he will not spend the rest of his life in prison?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 5 years ago.

TexCrimLawyer, J.D. :

Has your son been arrested before?

Customer:

Yes, he did one year in Florida (St. John's County) for stealing a kayak. He was released there on probation for this charge. He violated probation and had to return for all 360 days.

Customer:

I am sorry I don't know what the exact charge was called.

TexCrimLawyer, J.D. :

To answer your question, no, he will not spend the rest of his life in jail. For that charge, it is a maximum of 10 years in jail.

Customer:

Even with 7 of those charges?

TexCrimLawyer, J.D. :

In theory, a judge could make him serve a sentence for each regularly one after the other (called consecutive sentences), but typically one of two things happens:

TexCrimLawyer, J.D. :

1) the DA lets him plead to one charge and drops the rest; or

TexCrimLawyer, J.D. :

2) he serves all his sentences at the same time (concurrently).

TexCrimLawyer, J.D. :

Unless there are some aggravating factors, i.e. he hurt someone, he will spend a few years in prison and be released.

Customer:

At the beginning of 2011 we decided to stick to "tough love" no matter what happened. Is it a smart idea to not hire an attorney with these charges and let the chips fall where they may?

TexCrimLawyer, J.D. :

If he can't afford a lawyer, the court will appoint one for him. So, even if you don't hire one for him, he will still be represented by an attorney.

Customer:

Thank-you for your help

TexCrimLawyer, J.D. :

Glad to help. Is there anything else I can do for you?

TexCrimLawyer, J.D. and 2 other Criminal Law Specialists are ready to help you
Expert:  TexCrimLawyer, J.D. replied 5 years ago.
Thanks for the "Accept." Good luck to you and your son.
Customer: replied 5 years ago.
We have been told Federal Prison would at least give our son a chance to become drug free and heal. Is this your experience?
Expert:  TexCrimLawyer, J.D. replied 5 years ago.
The federal system does have effective drug treatment programs, but it does not sound like he's committed a federal offense. Usually burglary is a state crime (unless he broke into a post office or other federal property).
TexCrimLawyer, J.D. and 2 other Criminal Law Specialists are ready to help you

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