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Stephen F Wallace

Stephen Wallace’s Answers

2,774 total


  • Can I appeal my federal sentencing based on my attorney not sending to the Court in his memorandum or in any other way info

    that I specifically wanted him to send, And he refused to give me final copy with corrections of his memorandum. The Judge at sentencing went one year higher and stated exactly the two things that were not true and I wanted my lawyer to argue and ...

    Stephen’s Answer

    You can file a 2255 alleging ineffective assistance of counsel, but I actually do not see that here under your facts. You only need to file a NOA within 14 days of the ENTRY or docketing of the judgment. Then you have 14 days to file your docketing statement and request for transcripts. Then you will have 30 days after the transcripts are filed to enter your initial brief and appendix.

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  • Question about Federal Lawsuits when prosecutors blatently violate the Rules of Law

    I am fling a federal lawsuit against the city attorney's office for violating rules of law and issued an erroneous arrest warrant. I hired a lawyer who informed the city attorney of the legal error. In order to save face, the prosecutor not only ...

    Stephen’s Answer

    Are you saying that the lawsuit represents an excuse or defense to the underlying charges of your arrest. You are more effective not attacking the charges collaterally, but first motioning for a bail reduction then a motion to dismiss before launching a civil suit prematurely.

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  • Is it illegal for my ex to intentionally open and throw away my mail?

    I live in Phoenix, AZ. My ex-boyfriend has told me by email that he is still getting mail for me, and is not returning it or throwing it away because I won't come back to him (my address is updated with the post office, etc). Isn't that illegal fo...

    Stephen’s Answer

    Print and take the email to the local postmaster. Do not try to negotiate with your ex over his actions.

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  • Suppressed evidence

    Can drugs suppressed be used for sentencing in federal court

    Stephen’s Answer

    It can also could be brought under relevant conduct if part of the same criminal transaction under USSG 1B1.3. Please work with your attoeny in the MDNC here for better information to your specific circumstances.

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  • Federal conviction

    Is there anytime limit for a Federal Judge to overturn or change the decision on a federal conviction

    Stephen’s Answer

    You have 14 days from the entry of the judgment to appeal it.

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  • How to get credit for a federal sentence while serving county time

    Someone I know has been sentenced for a federal sentence and was granted to voluntary surrender. While awaiting for his designation this person had to handle his county charges and was sentenced to imprisonment and was immediately taken into custo...

    Stephen’s Answer

    The BOP will not credit state time unless the charges are dropped. Here though, everyone is correct about getting the attorney to request the time off from the Federal judge through a motion.

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  • How long can the feds have a hold on a imate without taking him before a judge

    My husband has been in jail for 3 weeks and haven't seen or talked to anyone dealing with the feds. If someone can help him and I with this

    Stephen’s Answer

    Are there any state charges holding him in state custody?

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  • Rule 35 sentence reduction and RDAP sentence reduction, are they both allowed?

    Does a Rule 35 sentence reduction of 6 months negatively impact a RDAP program sentence reduction? In other words, is it looked at as 'double dipping'? The original sentence of 30 months would be reduced by 6 mos with Rule 35, the inmate has alre...

    Stephen’s Answer

    See the link below for the latest policy statement.

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  • Can I Still Be Indicted

    About 4 months before my release from federal prison for a grade A violation for being charged in a state conspiracy, my codefendants were indicted and arrested by the feds. My state charges for the state case were dropped the same times that the...

    Stephen’s Answer

    You should have asked to have the charges cleared upon entering into your SRV. You may still have liability exposure here.

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  • If a States Attorney prosecutes 'regular' cases,

    who would prosecute a Federal case? Would it be a plaintiff attorney with Federal Jurisdiction?

    Stephen’s Answer

    The Assistant or United States Prosecutor would handel Fderal jurisdiction.

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