Legal Question in Wills and Trusts in Georgia

You posted in the wrong category - you have a criminal law question. However, the answer to your question is obviously yes. You certainly did not expect to get any other response, with a couple sentences from someone who apparently was not even there.

I am not sure why you posted this in the portion of the website for questions about wills, as most criminal lawyers here will thus not even see your question.

But yes, he's likely in big trouble and he could easily spend time (perhaps many years) in prison and he immediately needs to get a lawyer.

There is no law that requires police to read rights. If they don't they cannot statements he makes against him, but it has no other effects on the case.

Probate concerns the process for disposition of dead people's property. Estates, Wills and trusts concern the disposition of a person's property, usually while they are alive. You asked a criminal law question. You would best be served by directing your question to Georgia criminal law attorneys if this matter is in Georgia.

Reading your brother his "Miranda" rights has nothing to do with him being charged with a crime. And if you think justice matters to the police or anybody else, think again. There is no such thing as justice.

Your brother has a few options. (1) If he can afford a good criminal defense lawyer (not a public defender) then he can try filing a motion to suppress and any other applicable motions. A good lawyer may be able to get evidence suppressed or charges reduced or even dismissed, depending on the evidence and circumstances.

However, the failure to read your brother his rights only will result in suppression of your brother's incriminatory statements (if any) to the police. If your brother did not make any statements, then the fingerprints cannot be suppressed because of the failure to read your brother his Miranda warnings unless there was some other illegality (like an unlawful arrest).

(2) If your brother cannot afford anything other than a public defender, then your brother has to look out for himself. Public defenders want to get people to make deals and plead guilty to something. Your brother should make the best deal he can - usually the prosecutor will require your brother to rat out the others who were involved and possibly testify against them. This can have consequences - nobody wants to get the reputation for being a snitch and if your brother rats on the wrong person - they can make very nasty things happen. But its your brother's choice and he best knows the people involved and whether they are likely to retaliate if he implicates them. I would suggest that your brother needs to start hanging around with a better group of chums regardless of what he chooses to do.

If your brother cannot afford a good defense lawyer and does not want to implicate his friends, then whether your brother goes to jail or not will depend on the precise crime that your brother is convicted of and whether your brother has a prior criminal history, as well as any aggravating or mitigating factors. If its your brother's first offense and he is cooperative and remorseful, then he may not get state prison time or any time in jail. If someone died or the crime was committed with a gun (it does not sound that way from your post, but I am trying to educate others as well as answer your question), then it is likely that a more severe penalty (state time) would be imposed. It also depends on how many crimes your brother is actually convicted of and whether the judge imposes separate penalties for them and makes them concurrent (to be served simultaneously) or consecutive (to be served first one, then the second and so on when the first sentence is completed).

.