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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4498
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My fiancé may be charged with burglary, this is s second

Customer Question

My fiancé may be charged with burglary, this is his second offense, and he is on parole. What do I need to do?!!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.


What state is he in, and do you know the degree he is being charged with?

Customer: replied 1 year ago.
Burglary of a dwelling I assume
Expert:  Hammer O'Justice replied 1 year ago.

Thank you for the additional information. I'm sorry to hear about your fiance's troubles.

Unfortunately, as you are probably aware, there is not a lot that you can do personally, unless you are somehow a witness or otherwise involved in the case. He will definitely need an attorney if he is charged, because if he is also on parole, he will likely be detained on both the new charge and a parole retake warrant. That means if he is to be released pending trial, he would have to make bail on the new burglary case and the parole violation (and unfortunately, making bail for parole violations doesn't happen all that often). So if he is able to afford an attorney, you can try to help him find one. If he can't afford a lawyer, then he will have to ask for a public defender after he is arrested--they won't generally take on clients until they have an active case. He may need you to prove the PD's office with documentation of his income, since a person typically has to prove they are indigent to get a PD.

As a second offender, he will be facing 2-20 years in prison (a first offense is 1-20), and whatever time he has left on his first sentence for the parole violation. Judges tend to sentence second offenders more harshly. Once he gets a lawyer (if he is charged at all), I'd suggest remaining in contact with the attorney because it is likely they might need something down the character witnesses and the like to speak on his behalf to argue for a lesser sentence and that sort of thing. But unfortunately, if he is charged, there is not a great amount of things that you can do...a lawyer will have to do the bulk of the heavy lifting in terms of handling the case.

Sorry I can't give you better news.

Expert:  Hammer O'Justice replied 1 year ago.

I apologize...burglary of a dwelling is actually 3-25 years in prison.

Expert:  Hammer O'Justice replied 1 year ago.

If it turns out to be a non-dwelling, the penalty is up to seven years in prison.

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