What is the Punishment for Third Degree Burglary

[rpastor]

My question involves criminal law for the state of: Alabama

My boyfriend is in madison county jail in alabama and is serving a 90 day EOS on a probation violation. However, he is also being charged with 3rd degree burglary and just received his public defender information but has yet to meet him. What would be a good plea bargain for this charge? We may just hire him a lawyer because he is confident in his case. We are trying to avoid him having to serve anymore jail time after the 90 days are up. Are there any good public defenders in Huntsville, AL ? We do not want to go to trial either.

[adjusterjack]

It's a Class C felony and carries a jail sentence of NO LESS than 1 year and no more than 10.

So even with a plea bargain he'd likely serve at least a year.

Worse, if his prior conviction was also a Class C felony he's looking at 2 to 20.

[rpastor]

well the lawyer that we are in the process of hiring says he can get him on pretrial diversion or probation. SO are you 100% sure on that comment? Do you have any knowledge or experience in this area??

[adjusterjack]

well the lawyer that we are in the process of hiring says he can get him on pretrial diversion or probation.

Well, if the lawyer says it, it must be true.

are you 100% sure on that comment?

I'm never 100% sure of anything, much less something where I haven't been given 100% of the background.

Do you have any knowledge or experience in this area??

Not a bit.

I just googled it and relayed the basics that I found online.

I have no way of predicting whether any unknown variables change the basic outcome.

[aaron]

Well, if the lawyer says it, it must be true.

I recall having a discussion with a prosecutor after a client was sentenced to two years in prison, the exact sentence I told him that I expected him to receive when he first described his alleged offense and record to me. The prosecutor expressed surprise, stating that in his experience most attorneys seem to tell the client that they're going to get probation in order to entice them to sign a retainer agreement, then ultimately blame the inevitable incarceration on the probation officer and judge.

Without a lot more facts to work with I'm not going to guess as to what's likely to happen, but if it were me I would see what the court-appointed lawyer has to say before spending thousands on a private lawyer.

[CourtClerk]

Further, if your boyfriend has the means and ability to hire private counsel, he's not eligible for a public defender.

[rpastor]

Well that is very true, I am trying to remain positive. So in reality what is your opinion on this matter. Being a first tjme offender on a case like this?

[PandorasBox]

Thing is....if he is already in jail, he's not a first time offender. Therefore, he will not qualify for any First Time Offender or Diversion programs.

[rpastor]

Well thanks for your opinion but thats inaccurate based on the legal advice due to Youthful Offender being granted. But i just needed some other insight on ppl personal experiences.