My brother and went in for Residential Burglary August 15, 2014. This is his first adult charge for residential burglary, he has had 3 court dates since then and it is September 28, 2014. The judge told him to come back October 30, 2014, why do they keep sending him back? Why have they not sentenced him or released him yet? Are they trying to gather evidence? What's the hold up? What are the chances of him getting out? Let me add; he did not take anything from the home.
Matthew MurilloEstate Planning AttorneyRedlands, CA ·
If he's being charged with a felony, he likely has a public defender. That would be the person to direct these questions to.
Beyond that, it's hard for any of us to tell you whats going on. He hasn't been sentenced because he hasnt plead guilty. Simply being arrested doesnt mean someone is guilty. His Public Defender is probably sending an investigator out to check the facts and see where the holes in the case are. There could be a number of reasons why a case would be continued.
And no, he wont get released unless he pays to bail out, OR pleads guilty and gets credit for time served. Unless either one of those things occurs, he'll be in jail.
Without knowing the facts, it is hard to tell you what are the chances of getting him released. Why do the attorneys keep going back and forth to court? They are probably trying to negotiate a plea bargain for him. Residential burglary, as you know, is very serious. It is a "strike" offense because of the potential for violence when the intruder and a home occupant confront each other.
Felony cases have a variety of different court appearances. Your brother is probably represented by the L.A. County Public Defender's Office. The case may not be resolved yet. There could be ongoing investigation and/or negotiations. Go to court on 10/30 and see what happens.
It's difficult to say without reviewing the various minute orders from his court hearings. Contact his attorney and find out what you can or attend the next court date.
It sounds as if he has not been sentenced or convicted yet. He will be released if he beats the charges, but could very well go to prison on this very serious felony case (and a strike offense). He actually does not have to steal anything, or even try to steal anything to be guilty of burglary. You could try to speak with the public defender's office, or his private attorney if he has one. It is likely that the evidence has already been gathered, but criminal cases often take several months.
