his public defender is saying that he most likely get 9-16 months and he has already served 6 and has yet to be arraigned. he has no prior record and the robbery was unarmed. he supposedly got away with 7 grand. i was just wondering how realistic is it for him to get 9-16 months considering this crime? it seems like too much of a lenient sentence for a crime like this. please answer if u have knowledge of the law and please serious answers only!
2006-08-08 14:34:57 · 8 answers · asked by radley1009 1 in Politics & Government ➔ Law & Ethics
no top good 3 to 5 years is what he is looking at
2006-08-08 14:37:04 · answer #1 · answered by idontkno 7 · 0⤊ 0⤋
First off, you say that he's been in jail 6 months and hasn't been arraigned? I rather doubt that. The Supreme Court determined that, unless they'd already obtained a warrant for his arrest (meaning he was arrested while fleeing the scene), that the arraignment must occur within 48 hours of arrest [1]. Even if he had gotten away temporarily, and they'd gotten a warrant, then 48 hours is still a pretty firm guideline. If the Feds or the state violated that, his attorney could simply ask for a dismissal and your friend would walk. Arraignment is a very quick process; it's little more than "Harold James Potter, you are accused of the second-degree sorcery. How do you plead?" And he (or his attorney) pleads guilty, not guilty, or no contest, and he goes back to his cell. Very quick.
So, on to your question. I highly highly doubt he'll get 9 months. Bank robbery is a felony, which by definition carries a sentence of at least 1 year. Unless they can somehow bargain it down to a lesser crime, and I have no idea how they would, 9 months is out of the question. As for the time served, that may or may not count, depending on the jurisdiction.
His take was about average [2], and I'm going to assume no prior convictions. My guess would be 3-5 years, depending on details. A 1998 Dept. of Justice study found that "A defendant convicted of bank robbery receives a sentence of 41 to 51 months under the sentencing guidelines if no weapon was present; a sentence of 57 to 71 months if a weapon was brandished, displayed, or possessed; and a sentence of 87 to 108 months if he or she discharged a firearm." [3]
The study at [2] showed that a high percentage of bank robbers had no prior convictions, so that's already factored into the findings. That also helps to explain the frequent question of "Why are you friends with this guy?" The vast majority of bank robbers are amateurs trying to score some cash, not Mafia goons.
Again, [2] and [3] are both federal studies, so it's probably dealing specifically with national banks. If this was a state-chartered bank, he might have a little more wiggle room, but I still wouldn't expect him to get out for at least two years.
2006-08-08 21:51:33 · answer #2 · answered by Rondo 3 · 0⤊ 0⤋
5 to 15 years with 6 months off for good behavior.
2006-08-08 21:41:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You know its possible I stole 260 dollars once and got off with community service so you never know
2006-08-08 21:39:34 · answer #4 · answered by blink182_626699 2 · 0⤊ 0⤋
This is the only question you ever ask. He will spend time in jail. Deal with it. He is no longer your friend.
2006-08-08 21:39:14 · answer #5 · answered by vinible2006 4 · 0⤊ 0⤋
You may consider changing friends. You dont want a 'friend' to help you go from - friend to codefendant.
2006-08-08 22:04:44 · answer #6 · answered by kristycordeaux 5 · 1⤊ 0⤋
thats just the time behind bars he will do the rest on parole
2006-08-08 21:39:45 · answer #7 · answered by reno_tony_casino 5 · 0⤊ 0⤋
You need new friends.
2006-08-08 21:38:55 · answer #8 · answered by pieter U3 4 · 1⤊ 0⤋