Can defense counsel file the motion for a downward departure under the USSG 5K rule or does it have to be the prosecutor? Thanks.
It has to be the prosecutor. Even the judge lacks the power to grant a 5k upon a showing of substantial assistance unless the prosecutor moves for it.See question
Sheriff deputies came into my home to search for a (former) friend that had outstanding felony warrants for his arrest. I allowed them in because I thought I had nothing to hide (I wasn't hiding him -- I was completely surprised and wanted them to...
The answer is "yes" because it actually happened. However it sounds like the evidence here against you is pretty weak. Get a good attorney and fight it.See question
Restitution was 19000 dollars and were four participants
Restitution among codefendants is usually "joint and several". This means that all codefendants owe full restitution until it is paid. In other words, each of you is responsible for the full $19000, but only $19000 is owed total.See question
How long can they make you sit in jail after you have been arrested before you get a court hearing ?
He should appear before a judge within 72 hours of his arrest. However, because he failed to appear on his previous case, his bond was likely revoked on that case. Depending on the severity of the original charge, he may be required to remain in jail until trial. However, if the original charge is not serious, they may allow him to post bond and be released.See question
Your Question: "I am currently a freshman at UA and I was selling small amounts of marijuana from dorm room. I sold all of the weed I had and about a week later 4 narcotics officers in plain clothes came into my dorm and told me they knew I had be...
They could still charge you with POMI or even possibly UDCS if they have a confidential informant or undercover officer that purchased from you and is willing to testify against you. This is all the proof they would need to arrest you. Also, even if you did give up another dealer, the police could still charge you, the only way to enforce such an agreement is to have an attorney get involved and negotiate on your behalf with law enforcement and the District Attorney's office.See question
had a large business deal go wrong and the other person was not returning my funds out of anger and frustration I left several death threats on his answering machine and now I'm on bail facing 22 counts for 22 messages that were left . And it l...
Hire a criminal attorney immediately. A criminal attorney will be able to analyze the messages you left and compare them to your specific charges to craft the best defense for you. Don't try to go to court alone.See question
who would prosecute a Federal case? Would it be a plaintiff attorney with Federal Jurisdiction?
The United States Attorney for that federal district will usually prosecute the case.See question
I was indicted on charges in the United States District Court for the District of New Jersey.
Yes. They are advisory and the judge must consider them, but may grant a departure or variance from the guideline range.See question
Wat kind of sentence am I looking at
The possession of meth is a felony, so the sentence range is a year and a day up to 10 years if it is your first offense. The contraband charge is a misdemeanor, so it is punishable by up to a year. However, the reality is that if it is your first offense, you should be eligible for drug court/pretrial diversion/ or at a minimum, probation.See question
He had got a life sentence but was released after ten years but now they got him again for conspiracy
This is difficult to answer without knowing more but they are probably subject to a 20 year mandatory minimum if convicted due to his prior conviction for conspiracy.See question