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...
The Rule 35 reduction takes the time off the total sentence, so from 30 months down to 24. Usually a defendant is admitted to RDAP when they have a small percentage of their total time left to serve. The amount of time "off" for successfully completing RDAP can be up to a year, but in this scenario there is likely not going to be the maximum time off. The defendant should talk to his case manager about his projected release date as these calculations are a BOP function.See question
Are mitigation specialists investigators that try to find mitigating factors (character, mental health, etc.) . Do most attorneys use one for a first degree felony case? Should I ask potential attorneys if they utilize mitigation specialists?
I agree with Mr. Olney. Mitigation experts can be a valuable resource for the criminal defense lawyer but remember that all experts cost money, over an above what you pay your lawyer. I find that most mitigation information can be obtained by the lawyer herself, with help from the client and his/her family. Where there are extenuating circumstances of mental health problems, physical or psychological limitations and past history of abuse or trauma, specialized training would be necessary. There is not a set of guidelines used in every case. Each case is unique and will be handled on a case-by-case basis.See question
Will an unfingerprinted misdemeanor, never went to station, show up on a level 2 volunteer fingerprinting background check? I was taken into a room, handcuffed, and was and still am very embarrassed. It was for changing a price on an item. If only...
What happened to you was that you were "arrested" but released on your own recognizance at the scene with a Notice to Appear in Court. It sounds like you either pleaded guilty or no contest to pay a fine or you completed a diversion program. Either one still results in this criminal charge being part of the public record in the county where it happened. If it is in Miami, check the clerk's website to see if your name comes up. Just because you were not fingerprinted at the jail does not mean that this record doesn't exist. You are likely eligible to have it sealed or expunged and should look into that process. If you answered "NO" to the questions on the school volunteer form about prior arrests or criminal charges, this could certainly come back to haunt you. See a lawyer and find out what your options are to get rid of it permanently.See question
Being the victim, and i have a mandatory subpeona for pretrial, do i have to legally show up for pretrial? Will the case get dismissed then if i dont show? Will i be in contempt?
Normally victims are not subpoenaed for a pre-trial conference, but if you have been served, you should appear unless excused. The easiest way to find out is to contact the Assistant State Attorney handling the case and determine if there is a need for you to be present, such as for a motion hearing. If not, I'm certain you will be excused. Either way, you will have piece of mind and not waste your time for nothing.See question
Since the Grand Jury proceedings are held in "secrecy", how would a defendant know if the prosecutor called witnesses they knew were going to lie under oath to secure an indictment? What if police intentionally wanted to lie to the Grand Jury abou...
The grand jury sits between the prosecutor and the accused to determine if there is probable cause to believe a crime has been committed and the defendant is the person responsible. A majority of the grand jury has to vote to indict a person with a crime(s). Defendants absolutely have the ability to testify before the grand jury but it is an extremely rare circumstance. It is a jury trial that determines whether the government has proven it's case beyond a reasonable doubt with witnesses and evidence.
Also, our system of justice is founded on principles of honesty and integrity especially by lawyers who take oath to uphold the law and act with ethics and professionalism. That is not to say that an unscrupulous prosecutor or cop could not make up evidence but that is certainly not the norm. Our system is still the best in the world and operates to ensure a fair trial. That is why defense lawyers must be on the same footing as prosecutors to challenge the evidence and stand as the last hurdle between the government and the taking of one's liberty. In short, hire a good lawyer.See question
-is scheduled for pretrial court date already
Typically you can apply for Pre-trial diversion after arraignment. That would not be out of the ordinary because otherwise you would have gotten pre-file PTI. After arraignment is the normal course. You should talk to your attorney, or if you have not gotten one, consult with one in your area today. You will greatly benefit from the program. Best of luck from you.See question
If a person has capital felony charges how do you figure out the point system for florida
If a person is charged with a capital felony in Florida, they are facing life in prison. Ask the lawyer representing this person the specifics. The charge could be murder or capital sexual battery - either way life is on the table.See question
charges: TRAFFICKING IN ILLEGAL DRUGS - 28+ GMS < 30 GMS OF HYDROCODONE & S812.014(2)(C)13 GRAND THEFT OF CONTROLLED SUBSTANCE / Arrest 5/2014, plead not guilty . couldn't afford bail.. Still sitting in jail, 5 continuances for pretrial so far.
This case would be charged by "Information" not an indictment. If he has had 5 pretrials, then the charge(s) have been filed and like the other answers, there has to have been a request to continue in one or more of those court dates. On such serious charges this length of time is not unreasonable for the attorney to properly investigate and defend the case. It is unfortunate that the defendant could not post bond, but that again, is not unusual on a 1st degree felony. He should work with his attorney to see how he can resolve the case or take it to trial.See question
My boyfriend was arrested this past Thursday for Burglary of an occupied dwelling, possession of burglary tools and criminal mischief. The police, jail, court and detectives will not tell him WHAT ,WHERE OR WHEN this crime was supposably commited,...
This is when you use your time and resources to hire the best attorney you can. The attorney will lead the investigation into the allegations against your boyfriend, get the witnesses and evidence from the State Attorney's office and give his/her best advice on how to proceed to defend the case.See question
Boyfriend is being held on 4 counts of welfare fraud 1 count of possesion of oxycodone and 1 count of sale of oxycodone. I live in another state and I'm just unsure of what and how to help him...
You can best help him by doing some research on qualified criminal defense attorneys in the area, looking at qualifications, past experience, years of experience, board certification, awards, and reputation. Then contact a select few that appeal to you on paper and interview them about your boyfriend's situation. Fees will range depending on the lawyer. Your boyfriend is charged with 5 3rd degree felonies and 1 second degree felony, so depending on his prior criminal record, if any, he needs a good lawyer. Remember not to discuss his case with him on the jail phone, as you are being recorded. Good luck.See question