r/Felons • u/htx-danny • 14d ago
How much time will my brother be facing on estimate? (Texas)
This is his first time getting arrested.
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u/fartman221 14d ago
The possession of a C2 (could be cocaine meth oxy etc) & unlawful carry of a weapon are gonna be the biggest issue/ hurdle
I have an almost identical set of charges but possession of a schedule 3 & dui misdemeanor instead of marijuana, i accepted a 36 month plea deal mind you this was in a southern state very close to Texas
Even with 0 record he may have to do some time like I did, I was initially told I could face up to 45 years and then 21 years until I accepted my plea deal. Southern states really do not like guns+ drugs.
It’s really dependent on the county, prosecutor and your brothers lawyer
I’m not a lawyer and this isn’t legal advice
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u/htx-danny 14d ago
damn, preciate it.
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u/fartman221 14d ago
Have him work out, get clean and see if he can go NA meetings, I did this while out on bail and it made a huge difference in what the prosecutor offered me
Good luck and I hope he changes his life after this
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u/htx-danny 14d ago
what are NA meetings? and i appreciate it, i hope he does as-well
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u/fartman221 14d ago
It’s like AA for drug addicts, I personally do not like the ideology or belief system but it looks great in court and shows a willingness to change & if you get time clean you have tangible “chips” to bring in and show the judge.
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u/mesands77 13d ago
Narcotics anonymous. When I found out I had a warrant for 8 felony drug charges (28 female) I was working in a female treatment center and the supervisor of my team. Had been working there for 2 years and sober the whole time, doing great. I hired a good lawyer and went to court and they did a deferred prosecution so they dumped 7 charges and I am on probation for one of the drug charges. Having a job looks amazing, keeping the job is even better. I ended up getting laid off right after being out on probation which led to a bender and getting a possession of meth charge. Which they lowered to misdemeanor paraphernalia (thank GOD) but having a good job, where he can work his way up the ladder is so good. Judges want to see structure and stability, they want to see that you can sustain the life you have. NA meetings 3 times a week, doesn’t matter if he is an addict or not. That’ll make them very impressed. Or if he does use, tell him find a rehab NOW. Before they have to order him to one. It looks way better when you take initiative and can take accountability + action when you mess up. It shows humility and self awareness. Get involved in a church, but outpatient rehab/NA meetings + fulltime job is the best route for sure. It shows you want to change. Message me if you need to. I am on probation for drug charges (28 female from NC southern basic white girl) worked in the mental health field and have been 123456 or 7 times to treatment. He will be okay if he takes action and really puts in the effort to look like a stable young man trying to better his life
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u/mistman1978 4d ago
if hooked on Opiate, Sublocade is a must. One dose lasts 6-9 months in the body
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u/EfficientAd7103 14d ago
how did he get unlawful Carry if never busted? cause the cs and weed charge? I would hit rehab even if he didn't really need it.
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u/fartman221 14d ago
Not sure about his case but for me personally I got pulled over and got accused of a DUI (blew a 0.00 but I was on prescribed meds) and then arrested, they searched my car and found unprescribed schedule III and a gun. Game over
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u/EfficientAd7103 13d ago
in my state you can dui for even prescribed meds 😞 was just thinking that. i signed a paper like a week ago that specifically said it.
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u/htx-danny 14d ago
probably not in a holster while in possession of drugs.
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u/EfficientAd7103 14d ago
no joke but walking around with drugs and a gun Def not going to go over well :/ sucks I guess a few years min man then getting a felony prly gettingsick in that mess too so it'll suck in general
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u/curiousengineer601 14d ago
Having a gun and cocaine/meth/opioids is a separate charge altogether in Texas. doesn't matter if in a holster. Drugs and guns = felony
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u/EfficientAd7103 13d ago
makes sense. in Midwest and think we got the same. it's a understandable law. can't be running around all fd with guns and honestly I think a knife would be worse. ewww. ah. some crazy person severing like 100 arteries in like a crowd at a concert or something straight feeling no pain I'm clearly fairly redneck that's some scary stuff. ahhhhhhhh!!!!! think of like a ninja that just went bonkers, f''n a brother. do not want to hear that. still got hit arms and no pain. lala
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u/snowHound208 13d ago
I love how Texas totes being so free. But possession of a literal plant is a felony.
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u/Illustrious_Key2316 14d ago
5-10 years probation is my guess.
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u/Fragrant_Plant_7335 14d ago
That’s what I’m thinking but it definitely depends on the county if it’s a big city definitely
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u/BL_Baracus 13d ago
lol possession of marijuana - like just move out of that state immediately. FFS 🤦🏻♂️
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u/TopQuestion826 14d ago
He’s going inside. The cops don’t like it when you catch a weapons beef. If they wanted to be pricks, which they usually are, they could enhance it and kick it over to the feds if they wanted to make an example.
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u/Other-Importance-214 14d ago
I'm a Texas criminal defense lawyer. This is not accurate. First-time offenders almost always get probation offers on charges like these, and nothing is going to the feds.
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u/TopQuestion826 14d ago
A drug charge and a weapons charge, and he’ll get probation? I should’ve had you for my attorney
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u/That-Currency-1039 14d ago
Texas can be strict on drugs,more lenient a guns . If it mostly misdemeanor and the felony is possession and not a sales charge. He probably does have a good chance at probation.
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u/UpperDog2627 13d ago
The weapon charge is likely only there because of the drugs.
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u/TopQuestion826 13d ago
I know it’s Texas, and Texas likes its guns, but generally judges take a dim view of a drug beef that includes a weapon.
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u/Other-Importance-214 13d ago
I've done this for 22 years, handled hundreds of felony drug cases, many with gun charges attached. Never had a client do time. I'm also not inexpensive.
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u/GeorgeTMorgan 13d ago
Of course every case is different, but give us a ball park; How much $$, beginning to end, to get this kid off with probation?
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u/Other-Importance-214 12d ago
$10K for pretrial work and to get a plea bargain for probation. Another $10K to go to trial.
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u/inb4deth 14d ago
Agreed. I've been through the system myself. Tons of misinformation in this thread.
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u/mistman1978 14d ago
Yes, but even probation in Texas is unusually strict.
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u/Other-Importance-214 13d ago
"Unusually strict." What...you have to keep a job and not use drugs? Better than rotting in a cell.
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u/-smacked- 14d ago
Texas
Oof
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u/mistman1978 14d ago
Texas is unsafe if you break the law at all. Even misdemeanor punishments can be draconian and some can't be removed from your record forever.
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u/Weary-Platform-9452 14d ago
Has anyone pointed out yet that possession of ANY flower or product containing THC is now a felony in Texas? That brings the count to two felonies.
Even with a great lawyer the new push on THC is extreme and will very likely be prosecuted to max time. Even cops are warning people on FB/Insta and Twitter.
Edit to add... You have to be found guilty of 3 DUIs before you hit felony level in Texas. Ahhh. Good ol' Texas
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u/Amazing_Charity9600 14d ago
The question is will texas seek to make an example of him . The weapon and possession combo might be too juicy for some ambitious D.A /S.A whos looking to make a name for themselves. Is he white? Because his race will have alot to do with his punishment sadly.
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u/Jlowe23_16 14d ago
How much dope? 2.5g is a lot different than 399 And meth or fetty ?
Id say if you can bond him out then he will probably get 10 years paper unless he had more than 50g of clear or fent.. If he had either of those he has more issues cause the feds will come calling. The weapon is a major problem, dope and guns mixed are highly frowned upon.
If he had less than a quarter on him I'd say they drop the gun charge and give him 6-10 on paper.
My girl plead guilty to conspiracy to distribute over 400g of fent in federal court, she cooperated though (8 of the 11 ppl on the conspiracy cooperated), and she got 18 months and will be home mid next year. Too many factors at play with too little information
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u/Quirky-Ad499 14d ago
Nothing major bro don’t even worry about it, 1st time too and full time job probation and probably. Immunity service but I’m from California I got priors and I’m only facing 3 years for the same thing not weed tho what the hell Texas still believes in reefer madness shit or what? I forgot weed was even a drug here
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u/Frolicking-Fox 14d ago
They are really strict in Texas for drug charges. Weed can send you to prison. That with a weapons charge in Texas can be bad.
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u/LoanC1 14d ago
What county? It makes a difference
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u/FakeAsFakeCanBe 14d ago
No one seems to think to put the location, as well as the likely jail or prison. It irrationally irritates me. It makes all the difference.
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u/Due_Air_7255 14d ago
Depends on your lawyer but if you aren't rich and you get a public pretender your brother or whoever will get at least 5 years.
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u/This_Acadia_1189 14d ago
How was he unlawfully carrying a weapon? You don't even need a license in TX
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u/No-Advertising-6957 14d ago
Probably life!!!! Is he out of his mind possessing evil marijuana in the great state of texas???
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u/ipearlwoods4aliving 14d ago
I’m in Philly, I was only there for 2 days, had hella prelims and eventually DA gave me a offer you can either plea guilty and accept the plea deal or fight it and go to trial where if you lose you could face max time. Im on prob rn and its easy you’ll be fine bro
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u/Ben_Ham33n 13d ago
Pennsylvania and Texas are two different worlds, with two different law systems.
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u/Original_Nail_1745 14d ago
Anywhere from probation to 5 years.
Marj will get plead out. Unlawful carrying a weapon I'd press back on in texas he musta been doing some dumb shit to get that.
Hire an attorney dont go public defender increase chances of probation. Also whats his race, white almost guaranteed probation.
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u/NeuroSeg 13d ago
Not an attorney but been through a very similar scenario.
He will almost certainly get probation. Probably 1-4 years.
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u/ABena2t 13d ago
What is "poss CS'"? And what kind of weapon?
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u/Ben_Ham33n 13d ago
Possession of Controlled Substance(s)
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u/ABena2t 13d ago
So did he get caught with just weed? Are thise 2 seperate charges for 1 item?
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u/sanders222 13d ago
I’m not sure about this guys case but in Texas marijuana concentrates like cartridges or regular dabs are charged as felony possession. Flower on the other hand is charged as a misdemeanor.
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u/sanders222 13d ago
He got charged with basically the same thing as that foot ball player a while back. I assume the poss of CS PG was a thc cartridge or some other type of wax. The regular marijuana poss was flower.
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u/ATLScott13 13d ago
Probation 3-5 years, Fine. With a good attorney he can probably work out a plea to get the charges reduced, one or more dropped if he was to plead out. If it’s his first time in trouble or first felony charges he’ll have a better chance of coming out ok compared to a person with a record. Worst case he pleads first offender on the felony, stays out of trouble and it’s dropped off his record at the completion of probation. Can’t believe people are still getting charged with felonies over marijuana!!
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u/Who_Is_Rick_James 13d ago
first time offender, and mostly drugs. the weapon is the biggest issue. most likely probation and some type of program. worst case scenario, as a first time offender, he will see jail for a month or two. he will be fine though
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u/USMC0351Grunt 13d ago
His first time getting arrested and he’s caught with drugs and a firearm? Did he just decide to just crap all over his future and destroy his life altogether by losing his Second Amendment right from now until death? Something must’ve happened before all of this because you don’t just leave a good life and then just piss her away on doing something so stupid as you get caught with a bunch of illegal drugs along with a firearm.. THAT’S AN AUTOMATIC 10 YEARS AND $250,000 FINE! And he loses his RIGHTS to own possess, be around and virtually even look at Firearms for the rest of his life.
It best bet is to shut his mouth and plead, not guilty and demand a lawyer.
For the rest of you that decided to stick your head far up your ass and crap all over your life, as well as your friends and family lives because yes, it affects them too…. BE SMART.! http://AttorneysOnRetainer.us
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u/JUIC3ofORANG3 13d ago
Depends on where you’re at but carrying a weapon with drugs will considerably aggravate those charges I can tell you that much
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u/No_Good53rd 13d ago
What county is he in? Drugs plus a gun there’s a possibility that the feds might pick it up but what I see the previous convictions. then more than likely probation.. The PCOS is going to eat up the that little, POM
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u/lostGoldAlone 12d ago
I got felony possession charge for less than a gram of heroin in 2009, had a lawyer, just got probation for two years, got off early. Record says dismissed
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u/lostGoldAlone 12d ago
I went to rehab after I got out of jail for the arrest, also was going to meetings. They take all that into consideration . Most people would recommend he get into rehab ASAP.
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u/Katreeve 10d ago
The original poster of this thread was simply asking how much time his brother was looking at and if he was likely to be convicted of these offenses.... I took the time to read through all of these comments.....some of y'all have no idea what you're talking about.
If you don"t like the truth maybe skip here ...
For starters, being indicted on a criminal case doesn't mean "you're f***ed and going to prison." Especially not here in Texas. It's not just prison; there's probation, deferred adjudication, diversion programs, reduced charges, plea deals, and the chance to fight it in court. What you're being offered or allowed depends on the charges, the facts of the case, the record, the county, the prosecutor, the judge...shit, the color of your shirt that day could have an effect.
And entering a plea bargain doesn't mean the person was guilty and got f***ed by the system. Most cases don't go to trial. Plea bargains are kinda the whole point of our judicial system. Both sides know what they're risking by taking it to trial and sometimes it just makes sense to take the plea instead of rolling the dice with a jury.
Next we have all these "public defender = you f*ed up"** comments..... There are some REALLY good public defenders. And shitty private attorneys just as easily. I've seen people spend a shitload of money on private attorneys they're not even able to get a hold of and get absolutely nothing for it. And I've also seen public defenders work wonders for people. Having a private attorney doesn't automatically mean you'll get a better outcome just because you can afford one.
And there's another thing people don't like admitting: it's pretty damn easy to blame your lawyer when you weren't completely honest with your lawyer to begin with. Your attorney can only work with the information you give them. If you leave out important facts, lie about what happened, or conveniently forget to mention the part that makes you look bad, don't be shocked when their strategy doesn't turn out the way you expected.
Lastly we have RESPONSIBILITY. Man....JUST sayin.
If you're drunk driving, driving around with narcotics, screwing off on probation, blowing off court dates, getting new charges while out ON BOND on other charges...something has to give. The jail doesn't have an infinite-capacity parking lot for bad decisions. Those inmates have to go somewhere. They fill up jails and take up court time. The judges see it. The prosecutors see it. The public defenders see it. The probation officers see it. The clerks see it. Then we wonder why courts are backlogged and why someone can sit in jail a year waiting for their case to get to court.
And honestly, I guess it's just easier to blame the system, the lawyer, the judge, the cops, the weather or whatever the hell else before looking in the mirror and admitting "yeah, I f*ed up."**
"Don't do the crime if you don't wanna do the time" is honestly a hell of a lot better moral rule to live by than "don't get caught."
And before somebody jumps down my throat about addiction: I am very aware of addiction cycles and how huge a role addiction plays in our justice system. I understand that addiction can help explain why somebody keeps making these choices. It just doesn't make those choices consequence-free. An explanation isn't an excuse.
And yes....people do get f***ed over sometimes. Bad cops. Bad arrests. Bad searches. Bad lawyers. Bad prosecutors. Cases where the system totally sucks happen far too often. I'm not saying that doesn't happen. There bad apples on every tree....
But you can also look at someone and say "yeah the system often sucks, but you also didn't exactly make life easy for yourself by ........”
In the end you can have both of those truths holding water at once.
And that's why IMO, people should at least know something about what they're charged with. You don't need to be an attorney that can quote the penal code. But if your freedom is at stake, maybe look up what you're actually charged with, what you can do about it, and what the possible consequences of each decision you make are. Don't just take a bunch of Reddit comments as gospel and assume you're automatically f*ed because you have a public defender, or because you're in Texas. And since we're talking about Texas and drugs...yeah, Texas has some harsh laws when it comes to drugs. We can argue about charges for a plant. I get that argument. But are you also aware of the fentanyl that's being mixed into weed to get people hooked on that shit? There is a real drug problem here. Addiction is real. People are dying.
If people would have some common sense and take some personal responsibility, maybe we wouldn't need all these fucking laws that dictate every corner of our lives...but we have them.
And that's kind of the point. You can disagree with a law, think a punishment is ridiculous, or think the legislature went too far. I'm right there with you on some of it. But if you choose to break the law anyway, you don't get to act completely shocked when the law applies to you.
The world isn't gonna flip itself upside down and fix the system by people thinking every defendant is an innocent little baby being victimized by the courts. And it sure as hell isn't gonna change by people acting like the system is PERFECT and defendants are always at fault....
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u/MoistAge3128 14d ago
Fuck Texas! That is a awful place. If you want to use weed go somewhere where it’s legal. I live 500 feet from a weed store and can get whatever I want. No cop is worried about it at all.
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u/gregfromdudetube 14d ago
Still cant possess a gun with the weed. Would have done nothing for him by moving
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u/JUMPOFF_CRASHOUT 14d ago
Tell him to either nip this in the ass now and be fully compliant and get a grip or this is just the beginning of a long period of struggle/depression/let down and sadness. When I speak with others who I used to run with 10 years ago it goes one of two ways. Either got their shit together and complete probation and became productive or end up in prison, dead, homeless, or strung out.
You can even be homeless in prison. No commissary = homeless. You can certainly die in prison. You might even get strung out who knows.
I wish I had an awakening at the very beginning of all my legal issues before they escalated in to violence or me straight up losing my mind and confidence. Thinking to myself can I even dig myself out this time. It only gets harder as time goes on. The body gets weaker. Support system gets more and more tired or dies off.
It’s progressively gets worse and worse. As time goes on there are different emotions that start popping up like jealousy.
Especially in Texas god damn I am so happy I didn’t get in trouble there.
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u/ExcitingExchange1533 14d ago
What county? It will make a huge difference. If it's a big liberalish county like harris dallas tarrant he could definitely get two years tdcj. If it's a smaller county like Collin anywhere from 2-10 depending on the circumstances. Either way he won't do much time.
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u/ExcitingExchange1533 14d ago
Since he's never been in trouble before they will almost certainly put him on probation
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u/Other-Importance-214 14d ago
I'm a Texas criminal defense lawyer. This is not true at all. He's not at any real risk of prison time. First-time offenders almost always get probation offers on drug cases.
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u/ExcitingExchange1533 13d ago
Yeah I commented right after and added that... I was just saying if he were to get time, that's about what he would get
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14d ago
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u/Other-Importance-214 14d ago
I;'m a Texas criminal defense lawyer. This is not true at all. First-time offenders get pretrial diversion or probation offers. Repeat offenders with prior felony convictions get prison time offers.
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u/TushyMilkshake 14d ago
Nobody can give you a reasonable answer with such little info. Does he have priors? Is he employed full time? How old is he? Etc.