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Samuel Michael Braverman

Samuel Braverman’s Answers

26 total

  • Possible no plea diversion

    I was recently offered a diversion for a misdemeanor assault DV charge. The diversion agreement indicates that I have to enter a plea of guilty to enter the diversion program. I work in law enforcement and if I make a plea of guilty or no contest ...

    Samuel’s Answer

    I always assume you have asked your lawyer the posted question and either didn't get an answer you like or didn't understand the answer given. The answer here depends so much on 1) where your case is venued, 2) what your criminal history is (if any), 3) what the allegations against you include (beyond merely the criminal charges), and what your attorney has offered to the DA to persuade them to make an offer of a resolution. Did the lawyer push the point that you would lose your job? Did the DA seek to have you lose your job?

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  • Awaiting extradition to Ohio. Can I be released in order to return to Ohio voluntarily? I'm in Louisiana jail felony theft 25 g

    I'm told if not extradited in 30 it could drag on...I just want to speed up the process

    Samuel’s Answer

    Each state is a signer of the uniform extradition act which allows any state to request a person located in any other state for a criminal case in the requesting state. You have a right to a governor's warrant from the requesting state and a copy of the charges pending in the requesting state. You can contest that you are not the person they are looking for (you are John Doe, but not the John Doe they are looking for) or can offer proof that you were not in the requesting state at the time the offense was committed. However, you can not offer a defense that you are not guilty of the crime charged until you are extradited. You can waive extradition proceedings, including habeas corpus, and this will speed up your transition to the requesting state. Contact a lawyer in Louisiana now for assistance.

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  • Grand Jury

    I have 14 days till the 6 months runs out on my felony for them to get a grand jury. I requested to speak at the grand jury so how long of a notice does the da have to give my attorney about the date of the grand jury. I did not waive my speedy ...

    Samuel’s Answer

    As the other lawyers have stated, the 6 month limit only applies to New York State criminal prosecutions (NY CPL Sec. 30.30) as opposed to the federal Speedy Trial Act. (New Jersey has a different rule, so contact me again if that is where your case is venued). In NY state cases, your right to testify is protected under CPL 190.50 if you or your attorney files written notice to the DA, filed on the DA, stating your intention to testify in a pending grand jury presentation before the grand jury has voted. The DA then has to give you a reasonable opportunity to testify. If you are the target of the grand jury investigation, you will have to give up your right to immunity in exchange for your right to testify. This is a very important question and you should only do this after a significant review of the pros and cons with your defense lawyer. You also didn't indicate if there was a felony complaint pending, which would give you standing to file a motion. If you have not been charged by way of a felony complaint, then the statute of limitations in NY state is 5 years on a non-homicide felony. This question brings up many significant issues and your question doesn't answer enough of them. Talk to your lawyer or hire a new one quickly.

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  • Question about possible embezzlement prosecution

    a friend had unexplained deposits from the company he had worked for. his wife found out and they divorced but before they were divorced she printed out the statements gave them to someone else and is now 2 years later being black mailed. Since th...

    Samuel’s Answer

    Under federal law (which may apply here if the blackmail used the mail, email, fax, or phones), the statute of limitation will be 5 years from the date of the last threat. The embezzlement is 5 years from the last theft. Both can lead to prison, but a good criminal defense lawyer will guide you through the process of evaluating your options and negotiating with law enforcement if your choose that route.

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  • Can the district attorney wait till the day of trial to dismiss the case and drop all charges?

    My husband won his motion to suppress three weeks ago I was under the impression that he would be able to come home right away, but i found out that the district attorney has to dismiss the case first. The paper work says set for trial in the nxt ...

    Samuel’s Answer

    A couple of issues are present here: just because he won the motion to suppress, it doesn't mean that the case is over. If there is eyewitness testimony to the crime charged, there can still be a trial. Further, the government can appeal the court's decision on the motion (14-45 days to file a notice of appeal, depending on the jurisdiction). Finally, if the government indicated that they will intact dismiss the charges, the court could grant bail or release during the pending motion to dismiss by the government.

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  • My friend was arrested by the feds so i hear if true in deed what is the process and when do you find their court date

    So i heard they were trafficking drugs in exchange of guns or whatever i dont know the story and they were arrested on the street.how long does this person havbe till they see a judge and how far apart are their court dates and how can ytou find o...

    Samuel’s Answer

    PACER is the federal docket sheet for cases. http://www.pacer.gov/psco/cgi-bin/links.pl
    If you login and create an account, you can track your friend's case. You can also contact your friend's lawyer to find out more information about the charges and how you can assist your friend.

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  • I was arrested NC for a federal indictment of "I go arm for terror of the people".

    The war rent was issued in 20099 in a diff county that I had not been in for over 20 years. I was arrested, booked as served in my county. I had to bond out on $5000.00 bail. My rights were never read to me. Turns out there is another person in th...

    Samuel’s Answer

    I am not sure I understand your question at all. You are charged with a federal crime, in the Middle District of North Carolina, and made an appearance and the Magistrate set bail. You are correctly named in the indictment, but you allege that another person with your name is the person actually wanted for the offense. If this is a correct restatement of the facts, you should speak with your assigned lawyer to speak with the AUSA about verifying that you are/are not the person identified in the indictment (not that you are merely innocent, but not the John Doe they think is guilty.) Fingerprints, DNA, photographs, etc are commonly used for this. I represented a person in your situation and it took a few weeks, but finally fingerprint analysis was completed and my client was released (with a set of the fingerprints to travel with in case he was arrested again.)

    I am admitted in New York and New Jersey and practice in federal courts nationwide. www.FBDMLaw.com
    Toll Free 877-Braverlaw.

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  • If sentenced to jail for tax evasion, will they go to a 'white collar' jail that allows lenient internet/free time rules?

    Do white collar jails exist?

    Samuel’s Answer

    • Selected as best answer

    Go to BOP.gov, the federal Bureau of Prisons webpage. Search for "Camps" and "Minimum Security" for a better understanding. There are also many .pdf documents about programming in the jails. Your BOP score is dependent on you criminal history, the facts and statute of your conviction, the length of your sentence, any problems with PTS/BOP prior to sentencing, and other "relevant criteria" that BOP can use to set your score. The Court can make a non-binding recommendation to BOP as to the location of the facility, or the type of facility (medical), or to programming (mental health, drug and alcohol treatment, etc.). The BOP does not want you to get injured during your stay, so they will put prisoners with like-situated prisoners. But it is still jail.

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  • Where can I find a federal attorney who is well experienced with conspiracy drug cases for around $10,000

    defendant also with two state priors that older than 5 years

    Samuel’s Answer

    You should review federal attorneys in your district. You might go to the court and watch attorneys in action, you could review on PACER the court submissions of attorneys for cases pending in your district, you should interview several attorneys to get their understanding of the law as it would apply to your case, and you should have a clear understanding of what you can realistically afford. A very experienced federal attorney will probably cost more than you are allotting, but have an honest conversation with the attorney you chose about your finances and maybe you can come to an agreement.

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  • What motions does some one needs to file to represent themselves in a federal case?

    this is a possession of a firm arm case that was dropped by the state an was just picked back up by the feds!

    Samuel’s Answer

    The motion you should file is for the appointment of counsel. It is a terrible idea to proceed pro se in federal court. Whatever level of training, or education, or experience you have, you will not be prepared for the federal trial experience. If you are asking the question about "which motion to file?", you have demonstrated that you are not prepared for this. I have been practicing criminal law for more that 20 years and I wouldn't even consider representing myself.

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