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Peter J Tomao

Peter Tomao’s Answers

645 total


  • In a federal case how far back can they go to use your criminal history points???

    10 or 15 years????

    Peter’s Answer

    The short answer is 10 years but it’s not that simple. You will want to consult with an experienced federal criminal defense attorney on this issue.
    Prior sentences are not counted if they were imposed more than ten years prior to the defendant's commencement of the offense charged in the current case under the U.S. Sentencing Guidelines. So the important dates are when was the earlier sentence imposes - not when did the crime occur and when did the current offense commence not when will the defendant be sentenced. So here's an example, a person stole money in 1997 and was sentenced in 2003. That offense would be counted if the same person was being sentenced today because 2003 is less than ten years before 2012. Another example, a person stole money in 1997 and was sentenced in 1998. Now the question is 2012 is when did the current offense start. If it started in 2011, then the earlier offense will not count because 2011 is more than ten years after 2008. However, if the current offense started in 2007 then it would count because 2007 is less than ten years after 1998. These calculations are for Sentencing Guideline purposes. Courts are entitled to impose non-guidelines sentencing in which case earlier convictions may be considered. Even under the guidelines, courts can consider earlier sentences under some circumstances,

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  • Is there anyway that federal lawyers will except payments for services?

    Currently have a "pro-bono" lawyer that is not working to my satisfaction, I'm in need of a new federal lawyer for conspiracy to distribute crack cocaine and I'm currently on house arrest on a federal complaint and have yet to be indicted.

    Peter’s Answer

    Since the Criminal Justice Act provides funds for federal courts to appoint attorneys to represent defedants whoi can't afford to hire attorneys, few attoirneys take federal criminal cases pro bono. Those who do usually do so in high profile cases or cases with causes. However, if you are truly unhappy, you can write the judge and ask to have a new attorney appointed. You should speak with the attorney first to see if you can resolve the problem.

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  • How long does it take to be bailed out of the Feds

    After you put up a house, how long after that do you get a bail hearing and how long after that will you be released?

    Peter’s Answer

    The first step is the bail hearing. Under the Bail Reform Act, unless the Court finds that no conditions were ensure the defendant's continued appearances in court AND the safety of others, the Court must set bail that the defendant can meet. In mayn jurisdictions, a bail bond is secured by property, if the Court finds that the value of the property is sufficient to secure the bond. Often the Court will require that the property be secured by a lien or other instrument which prevents the property from being sold or used to secure a loan while it is securing the bail bond. Depending on the jurisdiction, obtaining this security may take hours or days.

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  • Does spoilation of evidence sanctions apply if plead guilty?

    im being sued for copyright infringement, in the initial contact i had it said to cease and decist and i could fill out a settlement form online, so i did that and deleted the files (the letter said nothing about keeping them and i assumed it was ...

    Peter’s Answer

    This could be a scam! We have seen variations of this recently with individually claiming to be government agents. I note that you did not mention receiving a complaint. Just an offer to settle online. Contact an attorney as soon as possible. Do not send anyone any money or "plead guilty" without doing so. Good luck.

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  • Husband been deported for 10yrs if arested again would he be deported again or serve in federal prison and if yes around howlong

    his been here for 4y out of the 10yrs he was deported never left

    Peter’s Answer

    This is a serious problem for the alien and his family. It is a violation of federal law for an individual who has been deported to illegally return to the United States, punishable but up to 10 years in prison. It is also illegal for anyone to "harbor" such an alien, punishable by up to 5 years in prison. Anyone in either situation consult a lawyer but be prepared to be told to leave the United States. The Obama administration has deported more undocumented immigrants than previous administrations and it is unlikely that the siyuation would improve if a Republican is elected. Good luck.

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  • Can a person be charged off of he said/she said when there's no evidence?

    "matt" has been arrested for possession of a controlled substance and a gun he is facing 5-40years on the possession and minumum 5 on the gun federal time. He agreed to cooperate and I'm wondering what is all "involved" when cooperating? Can they ...

    Peter’s Answer

    Law enforcement officers can and often do investigate individuals on the word of the lowest, rottenest stoolie you can imagine. If the investigation leads to evidence that another person committed a crime, the stoolie or "rat" will get credit. I
    In this case, the sentence suggests that "Matt" did not cooperate since he got more than the minimum.
    In any event, it is not unusual for an attorney to advise a client not to discuss a case even after sentencing. This goes for parents, family and even girlfriends. Frequently, girlfriends get into trouble and turn in their boyfriends, especially if the boyfriend is already in jail. Quite a world, eh?

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  • Should I have a lawyer go to court for me?

    Citation in Fl, I now live in Mobile. Last I heard, running meant an action without stopping. The citation was listed as running a stop sign. I did have my foot on the brake coming to the stop sign. Lifted my foot, car rolls a little, I then apply...

    Peter’s Answer

    Speak to an attorney who regularly handles this type of case in the court in which it is pending to see if you can get a disposition which minimizes the impact on your insurance and driver"s license. On the facts as you describe them, the trier of fact whether its a judge or jury will likely find that the car didnot come to a complete stop before going through the stop sign. You can run a stop sign without going fast. Good luck.

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  • I took a plea bargain for 1&1/2 to 3 years in NY but the judge sentenced me to 1&3/4 to 3&1/2 years.is this illegal sentence

    While out on bail waiting for sentencing I was arrested in maryland for a misdemeanor. I believe this is why he increased my sentence (in NY)

    Peter’s Answer

    Eric is correct. Although we can't tell from the details you posted, it appears that the judge gave a promises contingent on your meeting several requirements including avoiding arrest. You should discuss with your attorney in Maryland whether the Court there will take into account the additional time you received in NY becuase you were arrested in Maryland.

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  • I had a federal criminal case with a sentencing on September 19, 2011.

    My attorney did not advise me on my appealing rights, when I asked him, he said that he needed to make a research. Can I file an appeal now? Thank you.

    Peter’s Answer

    A notice of appeal must be filed within 14 days after the entry of the judgment. If you were sentenced on September 19, 2011, you may be out of time to file an appeal. Consult immediately with a criminal defense attorney with exprience in federal appeals. I am attaching a link to my website.

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  • Question regarding laws surrounding banks,corporation laws and business records. White collar fraud case

    Bank went out of business, DA has photo copied files, and partial peace mail files they gained through mailed sub. The bank,note holder,insurance company nothing exist to show there was a debt,money owed,or any loans furthermore we have no way to ...

    Peter’s Answer

    The best way to proceed depends upon the rules of evidence. These rules are different in different jursidictions, that is, different states and federal courts. The rules also differ depending on the phase of the proceeding. For example, in federal cases the Federal rules of Evidence are not strictly applied in preliminary proceedings. Another point to consider is that generally a defendant must wait until trial to put the prosecution to its proof. For these reasons, an attorney may decide not to let opposing know about evidentiary weaknesses until trial minimizing the opportunity to correct them.
    You should discuss these issues with your attorney. If you are not satsified, you should get other opinions. DO NOT POST DETAILS HERE OR ON ANY OTHER WEBSITE. Good luck.

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