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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27046
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My issue is a criminal law case. it's my fiance actually. he

Customer Question

My issue is a criminal law case.
JA: Thanks. Can you give me any more details about your issue?
Customer: it's my fiance actually. he was arrested on october 14, 2015 on a burglary (non dwelling) charge. he had his initial appearance with the judge where he was charged with six counts of burglary. im guessing that's how many cars were burglarized. bond was set at 90,000 and he has had no legal advice since being arrested.
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Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
has requested for a bond reduction.
Expert:  Zoey_ JD replied 1 year ago.


What is your question with regard to this?

Customer: replied 1 year ago.
I'm sorry. How likely is it that he will not be granted a bond reduction, and if he is indicted, how severe would the punishment be?
Expert:  Zoey_ JD replied 1 year ago.

Thanks for the reply.

I need more information. In what US state has he been charged? Does he have any prior felony convictions? He's charged with breaking into 6 different cars? Is he represented by counsel?

Customer: replied 1 year ago.
He has been charged in MS. He does not have any prior felony convictions. Yes, i think he is charged with breaking into six different cars, and he is not represented by counsel.
Expert:  Zoey_ JD replied 1 year ago.

Thanks again for the reply.

Here's the section of the law that applies to the burglary of an automobile in Mississippi. As you can see for yourself each burglary carries a maximum of 7 years of prison. Additionally, since there are 6 different cars involved here, these sentences can run consecutive. So the absolute worst case scenario would be 42 years in jail.

He has no prior felony convictions, and a 42-year sentence would be much too harsh, but with 6 of them, the DA's offer probably won't include probation, and in my experience, any offer from the state would involve a couple of years of prison. He doesn't have to accept an offer, of course, but he's unlikely to want to try this case. The DA would have 6 chances to get a conviction, any one of which is worth 7 years of prison.

In general, there has to be a change of circumstances for the better for the defendant for a judge to grant a bond reduction. If for some reason, for example, the state isn't ready to indict, that would be a good reason to get a bond reduction. But if there is nothing going on with the case that is in the defendant's favor, an application for a bond reduction will usually fail.

Your friend neds a lawyer. If he cannot afford one, he needs to let the judge know that he's indigent and ask for a public defender.

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