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    angel0772001's Avatar
    angel0772001 Posts: 233, Reputation: 7
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    #1

    Feb 3, 2008, 09:35 PM
    Husband is in jail what will happen?
    Ok my husband was arrested on Wednesday. He was on probation for His DWI that he got a while back. He got arrested for Larceny and burglary. I don't know what the punish ments are in New Mexico but I was wondering if anyone could help me. There is a long story behind this and I believe that he was framed for this but I don't know what will happen. He did plead not guilty. He swears on everything that he loves that he didn't do it. And I believe him. But what they said was stolen was two guitar hero 3 game controlers and the guitar hero 3 game some movies and a playstation 3. Does any one know what will happen to him if he is found guilty??
    hollylovesbrandon's Avatar
    hollylovesbrandon Posts: 633, Reputation: 78
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    #2

    Feb 3, 2008, 10:02 PM
    Does he have anyo there priors other than the DUI?
    angel0772001's Avatar
    angel0772001 Posts: 233, Reputation: 7
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    #3

    Feb 3, 2008, 10:04 PM
    Just driving on a revoked licence
    hollylovesbrandon's Avatar
    hollylovesbrandon Posts: 633, Reputation: 78
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    #4

    Feb 3, 2008, 10:11 PM
    Well, more than likely he will get community service and a very long probation period. Depending on the circumstances of course. He could also get up to a year in jail... which will be cut in half probably (meaning six months). If he behaves himself he will get 3 days for every one day he serves cutting that in half (meaning three months). So if he is convicted, the max he will serve is 3 months in the prison. The minimum will be a lot of probation and probably some community service and maybe a fine. Hope this helps.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Feb 4, 2008, 06:46 AM
    Hello angel:

    IF your husband “shoplifted” those items, I would agree with holly. But, burglary isn't shoplifting - not even close. Shoplifting is a misdemeanor punishable by no more than a year in jail. Burglary, however, is a felony punishable by YEARS in prison. Plus, it's going to be exacerbated because he's already on probation.

    I also don't know how holly can tell you what the good time provisions are for your state because you didn't even say which state you're from. Therefore, the good time he earns may or may not be the 50% she thinks it is.

    He needs a lawyer, and he should keep his mouth shut. If he has no money, a lawyer will be appointed at no charge.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Feb 4, 2008, 07:26 AM
    First he needs to get an attorney, as noted if this was burglary he can get years in prison.
    hollylovesbrandon's Avatar
    hollylovesbrandon Posts: 633, Reputation: 78
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    #7

    Feb 4, 2008, 03:05 PM
    Indeed, I didn't take the state into consideration. Sorry for that one. I am in the state of Indiana and I work in a prison. Those are the good behavior and good time laws in my state.
    angel0772001's Avatar
    angel0772001 Posts: 233, Reputation: 7
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    #8

    Feb 4, 2008, 04:56 PM
    Its in New Mexico
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Feb 4, 2008, 05:03 PM
    Hello again, angel:

    Now is not the time to worry about how much time he'll get off for good behavior. Now is the time to worry about keeping him from being convicted.

    He needs a lawyer and he needs to keep his mouth shut. When and if he's convicted, that's the time to ask about "good time".

    excon

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