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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23174
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My Name is ***** ***** And my brother has a 2nd Degree

Customer Question

Hi. My Name is ***** ***** And my brother has a 2nd Degree felony for burglary and was wondering my options
JA: Thanks. Can you give me any more details about your issue?
Customer: Its in the state of Utah and he was recently detained and we have no way of paying those $10.000 for jail bond
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Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.


Does your brother have any prior criminal convictions? If so, are they misdmeanors or felonies? Does your brother have a lawyer? What has happened thus far with the case? That is, has he been arraigned yet? Indicted?

Customer: replied 7 months ago.
He has 5 open cases on Misdmeanors for mostly speeding and no licence. He has no Lawyer because of financial state. He was detained yesterday and he went to court today, not sure what happen. I don't know much but all i know is he has a $15.000 bail bond. No arraingments have been made thus far to my knowledge.
Expert:  Zoey_ JD replied 7 months ago.

The misdemeanors are vehicular and victimless. There may be a lot of them, but his real problem is the new arrest, which is a felony charge. Today may have been his arraignment if he was brought to court and bail was set on him. You can call the clerk of the court to see if he was assigned a public defender at his arraignment. In most jurisdictions a free lawyer will stand up on a case when an unrepresented defendant is incarcerated. If he's got one, you can get his name and phone number and learn something more about the case. If he hasn't got one and your brother is indigent, he can ask the judge to appoint him a free lawyer on his next court date.

A second degree felony is a very serious matter. The maximum possible penalty is 15 years in prison. And while he won't get sentenced to 15 years if he has no prior felony convictions and loses this case, if he cannot be bonded out, you can expect the prosecutor to offer him an incarceratory sentence on a plea bargain. Two or three years, would be a good estimate, if the burglary is a solid case.

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