Mentally ill sibling gets charged wrongly

[Abarrington]

What is the name of your state? What is the name of your state? Texas

Ok, so there is a whole lot of back ground to this and yes I feel like a horrible sister for bot looking into the before now but in my defense I didn't know the full truth until yesterday.. So, my brother is currently incarcerated in TDCJ.. This is his 2nd time in for burglary of a habitat. He's been in since 2013 (yes 7 years)... The story I was told for sake of protecting me from knowing what my brother was up to was that he broke into his ex roommates house to take his own belongings back.. Now, I find out that's not what happened at all.. I found his court papers online and it had the whole story..So I confronted him this weekend at visit.. So here's the scenario.. He says he went to the house to meet up with a guy named Pancho in an attempt to purchase heroin that he was gonna cut and sell.. He says this is the first time he did this and that the heroin was not something he had planned to do himself.. But since he had recently lost his job he needed to make some money.. He had a back pack that contained blue rubber gloves, a razor knife, a flash light and some clothing and stuff because at the time he was homeless.. He also had a mini baseball bat in his jacket that he says was for protection.. So back to trying to meet up with Pancho.. He knocked on the door at 7am in the morning and was met by 5 people who he says jumped him, took his money and called the cops on him.. The report I found said one of the residents Javier awoke at 7am in the morning and found my brother in the house.. my brother ran outside and was caught by the fence and held down until cops arrived.. It also mentioned the 5 people being there as Javier's cousins.. It also mentioned that my brother admitted to being a meth addict and he said he was there to by meth and that pancho was who was supposed to be there for him to buy it from.
Now. My question is I found out he has 1 appeal left.. I wanna know if he does the wit 11.07 appeal, admits the conspiracy to purchase with intent to sell, could they try him on that charge after 7 year? & without any drug charges on his record prior, if they did try him would the sentence be shorter than 25 years.. Also, I found that this scenario/charge is also a federal charge vs burglary of a habitat being a state felony, so would he have to go to federal prison? Please help me figure this out! Thanks in advance..

 

[quincy]

What is the name of your state? What is the name of your state? Texas

Ok, so there is a whole lot of back ground to this and yes I feel like a horrible sister for bot looking into the before now but in my defense I didn't know the full truth until yesterday.. So, my brother is currently incarcerated in TDCJ.. This is his 2nd time in for burglary of a habitat. He's been in since 2013 (yes 7 years)... The story I was told for sake of protecting me from knowing what my brother was up to was that he broke into his ex roommates house to take his own belongings back.. Now, I find out that's not what happened at all.. I found his court papers online and it had the whole story..So I confronted him this weekend at visit.. So here's the scenario.. He says he went to the house to meet up with a guy named Pancho in an attempt to purchase heroin that he was gonna cut and sell.. He says this is the first time he did this and that the heroin was not something he had planned to do himself.. But since he had recently lost his job he needed to make some money.. He had a back pack that contained blue rubber gloves, a razor knife, a flash light and some clothing and stuff because at the time he was homeless.. He also had a mini baseball bat in his jacket that he says was for protection.. So back to trying to meet up with Pancho.. He knocked on the door at 7am in the morning and was met by 5 people who he says jumped him, took his money and called the cops on him.. The report I found said one of the residents Javier awoke at 7am in the morning and found my brother in the house.. my brother ran outside and was caught by the fence and held down until cops arrived.. It also mentioned the 5 people being there as Javier's cousins.. It also mentioned that my brother admitted to being a meth addict and he said he was there to by meth and that pancho was who was supposed to be there for him to buy it from.
Now. My question is I found out he has 1 appeal left.. I wanna know if he does the wit 11.07 appeal, admits the conspiracy to purchase with intent to sell, could they try him on that charge after 7 year? & without any drug charges on his record prior, if they did try him would the sentence be shorter than 25 years.. Also, I found that this scenario/charge is also a federal charge vs burglary of a habitat being a state felony, so would he have to go to federal prison? Please help me figure this out! Thanks in advance..

If you want to help your sibling, I recommend that you do not try to “figure it out” but that you hire an attorney for your sibling. Let the attorney figure it out.

 

[Zigner]

The criminal lied to you...imagine that...

 

[Taxing Matters]

What is the name of your state? What is the name of your state? Texas

Now. My question is I found out he has 1 appeal left.. I wanna know if he does the wit 11.07 appeal,

That's the filing of a writ of habeas corpus with the Texas Court of Criminal Appeals. While filed with the appeals court it is not technically an appeal. In any event, if he wants to pursue relief by way of the writ he really needs an attorney to assist him. These writs are rather technical and it's easy to screw it up. Note that he won't win this simply because his story to you differs from what was presented at trial. He had his chance in the prior case to present his defense then, and if that didn't work they won't give him relief based on that now. If there was a constitutional violation in the proceedings or if there is new evidence not available before that would help with a writ of habeas corpus. Some other grounds would work too. But just a different story based on the same evidence available before isn't very promising. So if you want to help him, then assist him in getting an attorney.

By the way, you might consider that the story your brother told you might not be completely true. I've seen lots of criminal defendants who were guilty of the crimes they were charged with who would swear up and down to their relatives that they were innocent. That's not surprising as they don't want their familly to think badly of them.

 

[Just Blue]

@Abarrington Please edit out the victims name in your opening post. Please stop posting a new thread for every question on the same subject.