This is in Washington state. So, I just found out that my little brother might be looking at 12 years in prison. And that's the minimum. He got into a fight with his girlfriend/baby momma, and when he walked away from the fight to go stay with a friend and cool down, she cleaned the apartment out and then filed a restraining order. He waited until she was gone from the apartment, and went back for his stuff. Which is where he went wrong. Since he didn't have his keys, he popped open a window to get in. He grabbed his cloths, found out that she smashed all of his glass pieces, and took all the pictures of his kid. But he left with his cloths, trying to stay calm. A couple of days later, he rolled through a stop sign and got pulled over. When the cop ran his ID, he arrested my brother on the spot, saying that there was a warrant out for his arrest. He's being charged with breaking and entering (on his own apartment...) which is a class B felony, malicious mischief (because of popping the window) and violation of a restraining order, which is being charged as domestic violence. And now the girlfriend says she "didn't mean for any of it to happen". The best part is that because of his construction job, after paying bills he has about $100 to his name, but the court told him that he makes too much money for a public defender. The B&E carries a 10-20 year sentence. The other two each carry a one year sentence. I'm scared, because I think that my little brother is going to prison for a long time. And I don't know what to do.
I guess I should have mentioned above, I'm not trying to toss him to the wolves... I just can't afford a lawyer either. After I pay my bills i've got about $50/week to my name, and there's not really anything I could cut out of my budget. We've been calling around, and all the lawyers I've talked to want at LEAST a $2,500 retainer. And an old ps2 and a 13 year old computer just wont make much at the pawn shop.
Sorry dude I hope you get through this and you're brother does the minimum time possible if any at all.
That's some messed up shit. Sorry to hear. All because he wanted to go back for his clothes... Aren't there any free lawyers out there? Like volunteer or something?
If his girlfriend/ex really didnt mean for any of this to happen, she can drop the charges and all will be fine. I dont see him getting 12 years in prison either way, its just not going to happen. Ever. Couple of months in county jail, MAX, depending on his record.
"A defendant unable to retain counsel has the right to appointed counsel at the government's expense. While the Supreme Court recognized this right gradually, it currently applies in all federal and state criminal proceedings where the defendant faces authorized imprisonment greater than one year (a "felony") or where the defendant is actually imprisoned.<sup>[8]"</sup> ^ In chronological order, Powell v. Alabama, 287 U.S. 45 (1932) ("special circumstances" in capital cases); Johnson v. Zerbst, 304 U.S. 458 (1938) (all federal cases); Betts v. Brady, 316 U.S. 455 (1942) (“special circumstances†in non-capital cases); Hamilton v. Alabama, 368 U.S. 52 (1961) (all capital cases); Gideon v. Wainwright, 372 U.S. 335 (1963) (all felony cases), overruling Betts, 316 U.S. 455; Argersinger v. Hamlin, 407 U.S. 25 (1972) (all actual imprisonment); Alabama v. Shelton, 535 U.S. 654 (2002) (suspended sentences). <sup>source- wikipedia, but they cited a number of court cases in this quote. i'd be interested in hearing more about how they denied him a court appointed lawyer? because it seems to me that in his situation, it would violate the sixth admendment?</sup> not sure if it applies to all jurisdictions, but i know for a fact that in some, once the person has been charged, the victim retains no right to drop the charges (or if they can, the state still charges the individual, i'm not sure on the specifics)
the same thing happened with a friend of mine. Him and his girlfriend kept fighting and she called the cops and said he was abusing her, but there were no marks on her and the cops just told him to leave for a while. So he left and came back the next day. He had to break a window to get his stuff because his girlfriend changed the locks to his apartment and his GF called the cops. The cops came and told him that he was legally entitled to his belongings and no charges were pressed. They even helped him move out.
Wait a minute, the courts could determine weather you can afford a lawyer or not?!?!?! What kind of fuckery is this.
Wait a minute, the courts could determine weather you can afford a lawyer or not?!?!?! What kind of fuckery is this.
find a pro bono lawyer. also, even if she dropped the charges, it doesnt mean he's good, the apartment or even the courts could still decide to move forward into the case. same thing happened to my friend a couple years ago, except the cops werent so nice, he ended up locked up for...I wanna say atleast 3 months but I think it was closer to a year.
He has a right to a lawyer whether he can afford one or not. Make sure he gets one. Sent from my Samsung GS4 SCH-I545
i'll never understand the poor choices people make, i doubt this was out of the blue....this bitch had to have crazy written all over her.