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Commercial Burglary Felony 2nd Degree

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Ericksony

Junior Member
Which State? California

Hi,
My name is Erickson Yan, graduate student at an University. I am looking for some free advice on my brother's felony charge. This is the situation from what he told me:

My brother, a graduate student in at the same University, recently was arrested for commercial burglary felony, the 2nd degree. He did in fact stole the items and was caught on surveillance. The University outsources its security to an agency and the agency is interlinked with the Police Department. So when my brother was arrested he was interrogated twice and was documented by the agency at the time of the incident. My brother was arrested at the (University) Bookstore and made some constitutional mistakes when interrogated by the police. He confessed that he stole the items, amount of $125, and admitted his wrongdoings. He was held in custody for 3 hours before going to jail. Another factor is that he is from Canada on a student Visa (F-1) and he faces deportation if convicted of a felony, so right now he is needs help on how to stay in the US and how to remain a student at his University. My brother has an average 3.2 GPA, and in goodstanding with the university. This is his first conviction and he has never been arrested in his life. In addition, he does not smoke or do drugs and has never been a menace to society. He just made a mistake of confessing to the police because he does not know how the constitution in the US works. He went to jail for an entire day on a $25,000 bail, in which I paid $2,500 for his bail through a bail bond. He will to go court to defend his case in 2 weeks and soon later the school will setup a meeting with him to discuss the situation of suspension or termination.

Here is the legal questions and help I need:
Critical factors:
1. Canadian Citizen
2. First Conviction (never arrested)
3. Good in School (3.2 GPA)
4. Convicted of Commercial Buglary Felony 2nd degree
5. Confess to the stolen items
6. Time constraint (court in 2 weeks)

Challenge:
1. How to reduce his sentence and conviction to a piety theft misdeamenor
2. How to remain in the US
3. How to remain in San Diego State University without being kicked out
4. How to reduce the cost of fines from court


I hope this is enough information for you guys to handle this case. I really hope you guys can give some advice to my brother about his situation. He was being stupid and dumb at the time of the incident and now he has to face the consequences, but I hope you guys can find a way to mitigate the damage done by the police. Thank you, and I look forward to hear from all of you.


Erickson
 
Last edited:


xylene

Senior Member
Did your brother NOT STEAL from the bookstore?

Is that what you are saying.

And that the police did something unlawful to make him confess?

If he did it, and the police did nothing unlawful. His confession stands.

If he DID not do it, and the police did nothing unlawful... His confession still pretty much stands.

His only chance to escape conviction, given the confession, is that the police did something unlawful.

Getting a suspect to confess is not unlawful.
 

tranquility

Senior Member
The facts say brother was convicted. The only way to reduce that is to have a motion to the judge for a new trial or to throw out the verdict or to appeal the conviction for some reason. There is nothing in the OPs post which suggests a reason.
 

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