Can my brother get time served for his case if he’s never had priors or even a record? He was never arrested on the night of questioning, there was no physical evidence, and the victim says she doesn’t remember anything about the night in question, they charged him with Assault Fam Vio Impede Breath/Circ. also the girlfriend went to the court 3 days ago to get an affidavit for a non-prosecution but they said he’s already been indicted.
It is very unlikely. Your brother has been charged with a felony, and it is unlikely that there will be such a low offer that he can get out today. MORE IMPORTANTLY, if there is no evidence against him, WHY PLEAD GUILTY? Taking time served means you are convicted. Very few crimes have the same consequences as assault family violence.