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Matthew G Kaiser
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Matthew Kaiser’s Answers

18 total


  • What are the consequences of misdemeanor convictions for a federal employee

    I am currently 2 years as a federal employee. Last year I received a DUI (my first and only offense of anything in my life.) I was placed on ARD program. I completed everything they asked me to do. However halfway through I ran into a snag. I was ...

    Matthew’s Answer

    That is a very tough situation. I have represented a number of federal employees who have been accused of crimes, and it really varies. If you have a security clearance, or are in a sensitive position, it can be a very serious problem. Even if you aren't in a position like that, it can depend greatly on the policies of your agency, and, depending on the position, the views of your supervisor.

    Unfortunately, you really aren't going to be able to get a reliable answer unless you speak with an attorney. Ideally, you'll want to talk to a lawyer who does both criminal and has some employment experience.

    I'm sorry that you're in this mess. Good luck!

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  • My husband was convicted of a federal drug charge in AR. Does it matter where I retain a federal criminal defense attorney?

    He was convicted in trial on a federal crack cocaine charge. Is it best to find a federal criminal defense attorney within the state or other state will do good as well?

    Matthew’s Answer

    I think this may have been what one of the other lawyers was trying to say, but my take is that you should decide first and foremost based on how comfortable you are with the attorney, rather than what state he or she is in. If you think the lawyer could do a good job, that attorney should be able to let you know if he or she can take the case based on where that lawyer is licensed or willing to practice.

    Good luck to you. That's an incredibly tough situation.

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  • Criminal Defense?

    My friend was sentenced in 2005 to 15 years in federal prison for a drug related crime which was his first offense? There was never an appeal filed. He said that the attorney made him sign a document that said he couldn't appeal the jury's decis...

    Matthew’s Answer

    That's a very tough situation. Normally, you have a very limited window to file an appeal. It may be that if your friend was sentenced for a crack sentence he may be able to revisit things under the relatively new retroactive crack sentencing guidelines. You should be able to check with the Federal Public Defender's office in the jurisdiction he was sentenced in to find out if that's possible.

    Otherwise, you may be able to talk to a lawyer about a possible post-conviction or habeas petition. It would depend a lot on what the facts of the case were, and that may not be possible. Nonetheless, it could be worth exploring.

    Good luck!

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  • What will happen if you can't afford to pay restitution to the Federal Government?

    I commited a crime almost ten years ago, I was ordered to pay restitution but no court fees, and fines. I was sentenced to Federal Prison, completed my sentence and 3 years of probation. What will happen to me if I can't afford to pay back the mon...

    Matthew’s Answer

    I think I answered this question earlier. In case I'm mistaken, the Financial Litigation Unit of your U.S. Attorney's office will try to collect the restitution. If you have no money, they can't take money, but they can garnish wages and try very aggressively to get the money. On the bright side, they can't generally use a failure to pay restitution as a means to put you in prison again.

    Good luck.

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  • Am I truly committing fraud?

    I live in VA, have been ill due to a stroke I had two years ago, and moved out with my fiancee in may of last year. We just had a baby. I had to stop working due to the fact that my past stroke posed problems with my pregnancy. Problems that could...

    Matthew’s Answer

    First, I'm very sorry to hear about what you're going through.

    If I were you, I would call Legal Aid in Alexandria. Here's their information:

    www.lawhelp.org

    603 King St
    Alexandria, VA 22314-3159
    (703) 684-5566

    Legal Aid lawyers deal with claims for benefits all the time, and may be able to find a solution that isn't clear to you. They can also probably advise you on what they've seen from similar people in similar situations.

    Good luck!

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  • Double jeopardy

    If there are 2 case from different dates about 3 months apart but the case are exact, it's about ind meth ind- OFF POSS_CS_INT_DEL_4G-same drug- will this be considered double jeopardy? I mean the file cases are the exact same only difference are ...

    Matthew’s Answer

    I'm not completely sure I understand your question, so here's what I understand. There are two cases that are from different dates but they are the same charges. So, for example, case 1 is from August 1, 2009, and case two is from September 1, 2009. Both are for meth possession (let's say).

    You want to know if both of these cases can be brought, or if bringing both violated double jeopardy. If I'm understanding this right, it's not double jeopardy. Double jeopardy applies if one offense has the same elements as those in another offense. Here, the August case's elements are (basically) possessing meth on August 1, and the September case's elements are (again, simplifying) possessing meth on September 1. Each has an element that is unique to it (i.e., the date), and, presumably, involves a different quantity of meth.

    Even though it probably isn't double jeopardy, though, your lawyer (or the guy with the charge's lawyer) should know about each case, and try to get them consolidated for sentencing. Things may work better then.

    You need a criminal defense lawyer who knows your local courts to handle this.

    Good luck.

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  • How long does it take a charge to show up on criminal record

    Criminal citation for leaving child unattended in vehicle

    Matthew’s Answer

    It really depends on the database that is being searched and where the charge was issued, and by what agency. I don't know that anyone is going to be able to give you a set amount of time that applies to every charge in every jurisdiction showing up on every database of criminal records.

    In general, internal law enforcement databases tend to be pretty quick - within the same day as the charge. But it depends on when the charge gets from the agency that issued it to the law enforcement database, and that's where the big variable comes in.

    Other criminal record databases will vary depending on how they get information.

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  • How do I find a criminal appeals lawyer that does low cost or pro bono work in Washington, Dc

    A family member 18 years old now --17 at the time of arrest-- was convicted and sentenced to 216 months total for (count 1) kidnapping, (count 2) 1st degree sex abuse, and (count 3) robbery followed by 15 years supervised release. After trial th...

    Matthew’s Answer

    You should also check with either his lawyer or the public defender service. The court may be able to appoint a lawyer to bring the appeal.

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  • Can you be arrested and convicted on hear say

    can there be a fed. indictment on conspir. to distribute meth just by what somebody told them.they have not made an arrest or bust catching you with any meth.they are going on what they have been told.

    Matthew’s Answer

    When you say that the federal indictment is based "just by what somebody told them" I assume you mean that someone told the federal government that you were dealing meth. If that's the case, then it depends on how that person knows that you were dealing (assuming it's true). If the person saw you dealing, or helped you deal, then it isn't hearsay, it's just testimony. They can convict you based on the testimony of witnesses.

    If, though, it's just that person saying that they heard you were dealing from someone else, the government would likely have to call that someone else to convict you at trial (though that evidence can be introduced in the grand jury to get an indictment). There are nuances to that, but this is the general rule.

    So, the answer is that whether the evidence is admissible depends on exactly what the evidence is.

    And, I hope this is obvious, if you've been indicted for dealing meth, or, frankly, for anything else, please get yourself a lawyer very quickly.

    Good luck!

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  • If a person has a federal dui charge and on probation, and violates the terms of probation can he be sentenced to prison?

    he had 4 months of probation left when the judge sentenced him to 6 months in jail. he has been in different county jails waiting to be designated a spot in a federal facility. if this is a misdemeanor crime, can someone be sent to prison?

    Matthew’s Answer

    I think I might understand your question a little differently than the other folks who answered it, though, on how they understand it, I agree with their answers.

    If your questions what kind of facility a person who is serving a sentence for a federal misdemeanor can be sent to, the answer is, yes, they can be sent to a federal prison. Generally, this is in the sole discretion of the federal Bureau of Prisons (BOP). The BOP sends people to prison based on their own internal regulations and procedures. If they put someone in a county jail, they have to pay the county for the use of their jail space. If they send them to a federal prison, they have to pay for the transportation and the costs on incarceration at the federal prison. But, in any event, BOP can send someone to a federal prison to serve a sentence on a federal misdemeanor. The longer the sentence, the greater the chance that the person will go to a federal prison.

    Good luck!

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