Breaking and entering

I live in Indiana
My nephew was arrested for breaking and entering and has been offered a 6 year plea agreement I don't feel that this is right because the facts are not right. The police in this city has been after him and his mother for years and can't seem to make any charges stick. A few months ago he went drinking and ended up in a mans yard being beat almost to death!The man says that my nephew broke into his home and tryed to steal some things like vcr,netindo and more, my nephew says that he and the man was at a bar and he ofered him a ride home the next thing that he remembers is being on the ground being beat up and blood running out of his head. He was arrested on the man and his girlfriend word only and after being bailed out was givin his belongins and found a set of car and house keys that must have belonged to this guy (was never reported missing) the police didn't listen to my nephew,they took hours before putting him in the hospital, and the man and his girlfiend have changed their story three times and his lawyer isn't helping him, infact they took statements from these people and gave them answers to their own questions!
He should not be charged with breaking and entering since the door was unlocked or he had the key and he should not be charged with burgerly if he did not steal anything right? We want to fire the lawyer but don't know how and he goes to court friday for the plea agreement which his does not want.

yobo said:

I live in Indiana
My nephew was arrested for breaking and entering and has been offered a 6 year plea agreement I don't feel that this is right because the facts are not right. The police in this city has been after him and his mother for years and can't seem to make any charges stick. A few months ago he went drinking and ended up in a mans yard being beat almost to death!The man says that my nephew broke into his home and tryed to steal some things like vcr,netindo and more, my nephew says that he and the man was at a bar and he ofered him a ride home the next thing that he remembers is being on the ground being beat up and blood running out of his head. He was arrested on the man and his girlfriend word only and after being bailed out was givin his belongins and found a set of car and house keys that must have belonged to this guy (was never reported missing) the police didn't listen to my nephew,they took hours before putting him in the hospital, and the man and his girlfiend have changed their story three times and his lawyer isn't helping him, infact they took statements from these people and gave them answers to their own questions!
He should not be charged with breaking and entering since the door was unlocked or he had the key and he should not be charged with burgerly if he did not steal anything right? We want to fire the lawyer but don't know how and he goes to court friday for the pea agreement which his does not want.

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Gee you and your son or you and your "nephew" seem to get into trouble with the law a lot, care to give us the whole story, then we might be able to give you some advice.

yobo said:

he goes to court friday for the pea agreement which his does not want.

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You are trying to say he wants to wear an orange jumpsuit during his jailtime stint, instead of green???

panzertanker said:

You are trying to say he wants to wear an orange jumpsuit during his jailtime stint, instead of green???

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Maybe she meant pee not pea, her son wants a hall pass while in jail so he can go pee alone, OH! MY! He better ask for a special hall pass for the showers too.

need advice not jokes!

I have not been in trouble myself and have no control over my family but am here trying to help them so if you have no advice that may help please don't reply. This is my husbands nephew so he is family to me and he has 3 kids and a wife to support, he did not do what they said he did! I just need a little help from a friend not jokes!

yobo said:

I just need a little help from a friend not jokes!

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So then ask your friend for advice....

You do not have any clear question we can help you with. Restate it and we will try to help you, friend.

Tell your husband's nephew to ask his criminal defense attorney.
If he doesn't have one, he needs to get one.
If he doesn't have the money he can request a public defender.
That is all the advice we can give, other than not to bend over in the shower to pick up the soap.

not charged with the right crime

I am just trying to find out if the charges are right, He did not break into the appartment ( not sure if he used the key left with him or if the door was unlocked and he walked in) he was very drunk and I think he may have taken something like a pain pill but he says he only drank beer, He does not really remember much other than the man offered him a ride home then he was beating him up. His mother wants to fire the lawyer because it his his first case and he isn't doing a very good job. The police didn't investigate anything they only took the word of the man and his girlfriend (who's story has changed 3-4 times) they could have checked the home and the things that the couple reported he tryed to steal for prints. When the lawyer took a deposition from the couple he gave them a lot of the answers, that just doesn't seem right to me because he is suppose to be helping my nephew not the other people. I don't know why he is faceing years in prison and the guy who beat him half to death outside of the home was not charged with anything, yet they were out drinking at a bar (that is how they met) why wont they drop the charge down to a lesser one? The police never help anyone in this town, all they want to do is harrass and act like big shots.
I have never had any problems with them other than being pulled over for "LOOKING like I wasn't going to stop at a stop sign" and for LOOKING like a child driving a big car, things like that I laugh about but doing time in prison
for something I didn't do or don't remember doing isn't right.
anyway I'm sorry to takeing up your time here, I just want to help any way I can for my mother-in-law and sister-in-law's sake. should he fire his lawyer and if so how do we do that? Is what I have said make any since to anyone?
If so please let me know what you think.
Thank You

It doesn't matter, he will be charged and his attorney will defend him, there is nothing you can do to change the charges. It is up to a judge or a jury to be the finder of fact and make a decision. Were you there? How do you know what really happened? He has a drinking problem, why didn't he think about his family that night?

No I was not there and no he does not have a drinking problem infact he can't handle drinking at all that is why he was so messed up that night. I only know what he said but I do know a lot about the man who accused him of the crime and he is a drug user and drinker and has had a lot of problems with his own charges in the past he is a shady guy who I feel acted on his girlfriends word because he didn't want to tell the truth about what went on because he wasn't suppose to be out drinking that night. My nephew only went out for a few drinks and his kids were safe at home with his wife, how could he have known what was going happen that night, he rarely goes out. I guess he has to live and learn huh? I thank you for your responce.

If he doesn't remember anything, how can he know if he didn't do what he is being accused f?

I'd say anyone that drinks so much the don't know what they're doing, have an alcohol problem.

"doing time in prison
for something I didn't do or don't remember doing isn't right."

Well, plenty of violent crimes are committed by drunken people who don't remember anything, so being to drunk to remember is not a good enough excuse to be deemed totally innocent.