Would he be charged with a felony & how much time could he do for burglary, criminal attempt and trespassing breaking into a structure? 12 Answers as of October 04, 2012

My nephew has a long criminal history of theft and drugs. He just got out of state prison from a year sentence. A neighbor seen him breaking into a house, was caught hiding in closet.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer such as his criminal record, exact charges. He should hire an attorney.
Answer Applies to: New York
Replied: 10/4/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
He could face life as a habitual offender.
Answer Applies to: Michigan
Replied: 10/1/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
Your nephew will be charged with burglary of a residence which is a very serious charge. If he has a prior felony he will not be offered a reduced plea and will have a mandatory prison sentence. He is not eligible for most drug programs ans will probably serve 3 tears or more in a state prison. You should help him to address his drug problem and explain to him that being a burglar, drug dealer, or thief is not a good decision and will result in prison, overdose, or death. When young people get addicted to crack, heroin, or meth they will do anything to get their drugs, and that usually means stealing or dealing which are both very dangerous. The only thing you can do is to get him a good lawyer and visit him in prison and let him know that he can turn his life around if he goes straight, gets clean, and gets a career.
Answer Applies to: New York
Replied: 10/1/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
If he is not on parole, which means he has violated his parole, he will be going back to prison for burglary. He will be kept as long as the Dept. of Corrections thinks they need to keep him after he gets his sentence.
Answer Applies to: Georgia
Replied: 10/1/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Only a felony. 2,4, 6 years state prison.
Answer Applies to: California
Replied: 10/1/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If he has a long record and just got out of prison probably this will cause him to go back to prison.?He may be on parole. If he is on parole in Michigan any sentence that he serves will be CONSECUTIVE to anything he gets for the parole violation of picking up another charge.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Based upon the facts provided, it sounds like he could be charged with burglary, which is a felony. We recommend he hire a criminal lawyer ASAP! Good luck.
    Answer Applies to: Georgia
    Replied: 10/1/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No one can answer this question without knowing the complete prior record and exactly what statutes he is charged with violating. It is probably many years in prison that he is facing.
    Answer Applies to: Florida
    Replied: 10/1/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Yes burglary carries 1 to 10.
    Answer Applies to: Nevada
    Replied: 10/1/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If this was in Illinois, he would be facing a mandatory minimum four year prison term for residential burglary, as that is the applicable charge when breaking into a house. With a significant background, he will be facing more time, perhaps even an extended term, up to 14 years.
    Answer Applies to: Illinois
    Replied: 10/1/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Depending upon his Prior Record Score and whether he has three strikes, that would determine if he would get more than five years in prison.
    Answer Applies to: Pennsylvania
    Replied: 10/1/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The answer depends on his prior felony history that counts toward his offender score. He will be punished more severely for committing this residential burglary while under Community Custody.
    Answer Applies to: Washington
    Replied: 10/1/2012
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