Legal Question in Criminal Law in California

Assuming your brother's recent arrest was in California, each of the felony charges is potentially a third strike. He won't necessarily get a three-strikes sentence if he is convicted (the court may not have to count one or both of the prior strikes, depending upon the circumstances), but that is a very likely outcome. Your brother needs qualified defense counsel right away.

Yes, your brother needs a good attorney as soon as possible, as Mr. Hoffman points out.

Before freaking out about the three strikes law, make sure your brother actually has two prior strikes. Not every felony is a strike (many people think that ANY two prior felonies mean the next is the "third strike"). Only serious or violent felonies are strikes. Those include things like murder, rape, kidnap, robbery, etc. Other felonies like drug charges and grand theft are not.

With his record, he definitely needs a good attorney, but whether he's facing 25 to life under the three strikes law depends on his true priors.

Worry? No. There is no uncertainty. If he actually has two 'strikes' as you say, he faces 25-to-life if convicted of a new felony or violent misdemeanor. If this constitutes a probation or parole violation, factor those new charge[s] in as well.

However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly avoid the 'strike' enhancements and reduce his penalties, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to have him contact me. I�ll be happy to help use whatever defenses there may be.