William Calvin White II’s Answers

William Calvin White II

Birmingham White Collar Crime Lawyer.

Contributor Level 12
  1. I was indicted on a federal criminal case. Do the sentencing guidelines still apply?

    Answered 5 months ago.

    1. David A Schwartz
    2. William Calvin White II
    3. Christopher J Basner
    4. Howard Woodley Bailey
    5. Jay Scott Finnecy
    6. ···
    8 lawyer answers

    Yes. They are advisory and the judge must consider them, but may grant a departure or variance from the guideline range.

    8 lawyers agreed with this answer

  2. If I am not the defendant in a criminal case and am subpoenaed as a witness can the grand jury issue a warrent

    Answered over 1 year ago.

    1. William Calvin White II
    2. Joshua Sabert Lowther
    3. Raymond George Wigell
    4. Stephen F Wallace
    4 lawyer answers

    If you are subpoenaed to testify before the grand jury, you must appear or the grand jury through the US Attorney can ask you be held in contempt and request a warrant be issued. Similarly, if the grand jury has already issued an indictment and the case is set for a trial for which you've been subpoenaed, you must appear or the US Attorney may request the judge issue a warrant.

    6 lawyers agreed with this answer

  3. Can I be arrested on drug charges in my own home when the police only came in to arrest a houseguest with outstanding warrants?

    Answered 28 days ago.

    1. Steven M. Cron
    2. William Calvin White II
    3. Randall Blake Tolley
    4. Derek B Simms
    5. A Jennifer Zide
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I have just been released from prison I have court next week for two assault charges on police officers

    Answered over 3 years ago.

    1. William Calvin White II
    2. Max Allen Keller
    2 lawyer answers

    Was your probation violation due to the two assault charges? Who is the judge in your case? I could answer you much better with the answers to these questions.

    Selected as best answer

  5. Is there a way around 1st degree robbery

    Answered over 3 years ago.

    1. William Calvin White II
    2. Alan James Brinkmeier
    2 lawyer answers

    There is always the possibility of plea bargaining for a lesser included charge. Also, you never know what a jury may do if you can get the judge to charge them on a lesser charge. So while you are correct that through complicity a get away driver is treated the same, this isn't always the practical outcome.

    Selected as best answer

  6. Possession of meth and conterband

    Answered 5 months ago.

    1. William Calvin White II
    2. Patrick Mahaney
    3. L. Vincent Ramunno Jr.
    4. Robert Jason De Groot
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  7. Parole in Alabama

    Answered about 5 years ago.

    1. William Calvin White II
    1 lawyer answer

    For a TOP I in Alabama, the rules of parole are as follows: For a sentence of less than 15 years on which a defendant is recieving "Good time", the board of pardons and paroles will try to parole a defendant 12 to 24 months prior to their EOS date. For a sentence of 15 years or more, a defendant generally comes up for parole consideration after serving 1/3 of their sentence or 10 years, whichever is less.

    2 lawyers agreed with this answer

  8. I have not been charged with a crime but federal authorities informed an attorney that I'm under indictment. What's next?

    Answered 7 months ago.

    1. Jennifer J Wirsching
    2. William Jordan Steed III
    3. William Calvin White II
    4. Leslie Caroline Leone
    5. Stephen F Wallace
    5 lawyer answers

    If you are "under indictment", that means you have been charged. You will either be arrested, or asked to turn yourself in to the United States Marshalls' Service. They will process you, and you will then appear before a United States Magistrate where you will be arraigned on your charges, and the Magistrate will decide whether or not to detain you until trial. In serious drug crimes such as a federal drug conspiracy, there is a presumption in favor of detention, so you would be well advised...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Am I responsible for drugs found in a house that I rented out and have not lived there in over a year...

    Answered 6 months ago.

    1. William Calvin White II
    2. David William Johnson
    3. Randy William Ferguson
    3 lawyer answers

    You can only be convicted of possession of a controlled substance if the State can prove beyond a reasonable doubt you either actually possessed them or constructively possessed them. This will be difficult if you haven't been there where the drugs were found in a year. You should have a court date with either Judge Lewis or Judge Ingram where you will be given the name of your court appointed attorney if you are indigent and cannot afford an attorney.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Does taking a criminal case from district court to the grand jury mean I'm going to circuit court now if indicted?

    Answered 6 months ago.

    1. William Calvin White II
    2. Randy William Ferguson
    3. David William Johnson
    3 lawyer answers

    If your case has been forwarded to the grand jury, they will either "true bill" your case (indict you) or "no bill" it (dismiss it). Odds are they will indict you and you will be arraigned in Circuit Court. After that, a trial date will be set and you will be given a jury trial, unless you accept a plea. Best case scenario is the case is dismissed (unlikely). Worst case is life or 99 years (also unlikely).

    1 lawyer agreed with this answer

    1 person marked this answer as helpful