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NiaLena Caravasos's Answers
- 80 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Isn't three years a long time to be a target?
As difficult as it may be on your mental well being, the reality is that the government has as long as the statute of limitations permits to indict someone. This waiting period is not at all uncommon for the federal government. The best thing that you can do is take care of your own mental health issues while waiting for the case to progress. (Please note that this answer does not constitute legal advice nor does it establish an attorney-client relationship.)
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3
Attorney answers:
When does a prosecutor drop an indictment
I agree with the comments of my colleagues. There is, however, another possible reason that a prosecutor may drop charges -- when the feds are looking to pick it up. (Please note that this answer does not constitute legal advice nor does it establish an attorney-client relationship.)
8 people marked this answer as helpful
1
Attorney answers:
After an arraingment in a federal indictment, what are the steps
The government may move for a 3-day initial detention period in order to give them time to seek detention on a more permanent basis, if they choose to do that. Defense counsel can, of course, oppose detention and instead seek pretrial release. Moreover, following an arraignment, a motion for discovery should be made by the defense, at which time the government will begin producing discovery. Various defense motions based on the discovery may be appropriate, but that can only be determined...
7 people marked this answer as helpful
3
Attorney answers:
Eliminate all mandatory minimum sentencing
My colleagues are correct that there is no way to predict what Congress will do. However, it is also important to note that the trend over the past few years has been toward more individualized sentencings. Consequently, it is important to continue the fight in the legislature in an effort to eliminate mandatory minimums. (Please note that my answer does not constitute legal advice nor does it establish an attorney-client relationship.)
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2
Attorney answers:
What type of lawyer should we get? Or please recommend one for us in Phila, Pa.
Prior to attending the DHS hearing, you should consult with an criminal defense lawyer who has experience in defending sex cases. Anything that you say at such a hearing can be used against you in a criminal proceeding. (Please note that this answer does not constitute legal advice nor does it establish an attorney-client relationship.)
6 people marked this answer as helpful
2
Attorney answers:
My husband is on probation for 3 years. last not he was pick up with cocaine.
If your husband is currently on probation, then it is likely that a detainer will be placed on him. If that is the case, then he will not be released (regardless of whether you post bail) unless that detainer is lifted, which may or may not occur prior to the disposition of the current case. (Please note that this answer does not constitute legal advice nor does it establish an attorney-client relationship.)
5 people marked this answer as helpful
3
Attorney answers:
Can I get my legal fees returned?
I agree with the comments of my colleagues, so the answer is probably not. Check your written fee agreement, though, for the exact terms of your agreement. (Please note that my answer does not constitute legal advice nor does it establish an attorney-client relationship.)
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2
Attorney answers:
Is It ok for a Trial Judge to do this? Are there any legal issues or arguments that can be raised or made?
From your description, it is likely that the trial court would have replaced the juror with an alternate in the event that the trial ran longer than expected and a verdict has not been reached by Friday evening. The fact alone that the verdict was reached in 1 1/2 days does not mean that the jury rushed through its decision because of one juror's vacation plans. Sometimes after a verdict, one or more jurors will contact defense counsel on their own because they wish to express some thoughts...
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3
Attorney answers:
I been charged with conspiracy by the feds and three people signed on me that i dont even know.
What you need to do is speak with your lawyer and sit down and review all of the evidence against you in order to see the strength of the government's case. If 3 people are cooperating against you, one of the many things to look at would be whether their information corroborates one another and also whether their information is corroborated by other evidence (i.e. wiretaps, video surveillance, etc.) The answers to these questions can help in evaluating the likelihood of prevailing at trial....
8 people marked this answer as helpful
1
Attorney answers:
How does a 5k1 work
A 5K1.1 is a motion that may be made by the federal government, in their sole discretion, prior to sentencing if a defendant cooperates and provides substantial assistance in the prosecution of another person or persons. If such a motion is made and granted by the court, then the court can depart downward from the federal sentencing guidelines and give as low a sentence as the court wishes. In the event that the crime charged carries a mandatory sentence, then the government would also need...
4 people marked this answer as helpful