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Bradley Lamar Henry
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Bradley Henry’s Answers

43 total


  • How do federal court cases get dropped?

    Just want to know. Do they get dropped by grand jury acquittal, or if the jury can't reach a decision. What factors do cases get dropped by the grand jury in federal court

    Bradley’s Answer

    Cases can be dropped or dismissed for a variety of reasons. If a grand jury does not find probable cause to indict the case will not move forward. Prosecutors sometimes agree to dismiss cases. You could also ask to have the case dismissed by the court for constitutional defects or other issues. If a jury, not the grand jury, acquits a person then their case is over. There are many other ways a case can go away, but you should speak to an attorney about the specific facts of your case. Every situation is different.

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  • Federal court, entered guilty plea (plea bargain) for felony wire fraud.

    Hired lawyer based on referral & urgency of representation. Accepted plea bargain, but not scheduled for sentencing until after probation hearing. Concluded my attorneys lack any prior experience of trial in Federal Court for charges similar to my...

    Bradley’s Answer

    You should speak to your attorneys regarding your options. You may have the option to withdraw your plea if the judge has not "accepted" your plea of guilty. However, if the court has accepted your guilty plea then you must show a "fair and just reason" why your plea should be withdrawn. That is very difficult to do. You should voice your concerns immediately. The time between you plea and request to withdraw is considered in the determination of fair and just reasons. But, make sure to discuss the downsides to withdrawing your plea with your attorneys very carefully.

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  • Can my attorney contact the atf and work out something so a indictment does not come out

    atf kicked in me and 5 other houses and are preparing a indictment on me

    Bradley’s Answer

    Your attorney can contact the ATF agent if you have their information. From there the attorney would need to call the U.S. Attorney in charge of the case to discuss a possible resolution. Agreement can be worked out prior to indictment where no charges are brought, a deferred on non-prosecution agreement is entered, or you plead through an information. An attorney who handles federal criminal cases regularly will be able to advise you on those issues. You should contact someone immediately.

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  • How long can they keep reseting conspiracy federal cases with no evidence

    He has had a background of selling heroin in the past his last drug case was about 10 years ago that was a state charge and time was served. Now he's in on a conspiracy case selling an undisclosed amount of heroin.. Lawyer has stated my husband wa...

    Bradley’s Answer

    There is a Speedy Trial law in federal criminal cases. It says that generally a case must be brought to trial within 70 days from the date the person is arraigned on the Indictment. But, that time can be extended for many different reasons. If your husband insists on moving towards trial his lawyer may be able to consider severing his case. Also, an attorney can file written motions requesting to move the case towards trial and preserve the record for a Speedy Trial appeal at a later date.

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  • What to do after, I'm done with my federal probation?

    I was on federal prison for applying to a passport and provide somebody else's info, did 5 months in federal prison they give me time served , 1 year probation.

    Bradley’s Answer

    My colleagues are correct, if you have completed probation there is nothing left to do. However, some probationary sentences are followed by a term of supervised release. Your obligation to pay fines, restitution or your obligations under forfeiture may continue beyond your probation/supervised release expiring. You may also be able to apply for a new passport, but you should be truthful in your application.

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  • How long do the federal people have to pick up a case?

    The dea arrested my brother and he got his motion from the federal ppl but his lawyer says his charges are still with the state

    Bradley’s Answer

    Mr. Richman is correct. It depends on the charge. Most federal crimes have a 5 year statute of limitations. However, some federal offenses have longer statutes of limitation, and some of the most serious crimes have no statute of limitations. You must also consider whether the statute of limitations is extended as part of a conspiracy or if the crime is continuing in nature. In short, talk to an attorney who can answer the question more specifically.

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  • Im a 22 year old got arrested at the airport with 2 kilos of cocaine. Im at a level 26 at the federal sentencing guide line.

    Im a 22 year old got arrested at the airport with 2 kilos of cocaine. Im at a level 26 as a first offender at the federal sentencing guide line. i have already done the saftey valve and give the goverment some info. At the moment im out on super...

    Bradley’s Answer

    I agree with the attorneys above that you may be able to obtain a sentence that avoids jail or at least a long term in jail. However, if you plead guilty to an offense falling under 21 U.S.C. 841(b)(1)(B), the statute specifically prohibits probation. If you have not plead to that subsection and instead plead to a lesser quantity of drug under 21 U.S.C. (b)(1)(C) you may be eligible for probation if no death or serious bodily injury resulted from your offense. Pleading to the lesser included from a quantity of 2 kilos is probably unlikely.

    Even if you are not eligible for probation there are other alternative sentencing options that are not excluded by statute. Your attorney should be able to explain your options for sentencing.

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  • What does the government have to establish for an 851 ruling in federal court

    Prior conviction was originally in 1996 then pleaded out in 1999 on appeal

    Bradley’s Answer

    My colleague above is correct. The procedure for the government is simply to file an Information alleging the prior felony drug offense they are seeking to use for enhancement. Unfortunately, the definition for a prior felony drug offense is very broad and even includes simple possession offenses if you could have been sentenced to more than one year in prison. There is also no time limit for the prior offense.

    Once the prior offense is alleged in the Information, it must be served on the defendant before trial or his plea of guilty. If it is filed afterwards it is untimely and the court has no jurisdiction to enhance.

    The court then has to have a hearing asking the defendant whether he affirms or denies the prior conviction. This procedure has not been established in every district but has been followed in the districts that have addressed the 851 issue; which are very few. It is important to remember that a defendant has a right to plead the fifth at sentencing if his answer can increase the punishment and this has been treated as a denial by circuit courts. Obviously an affirmation waives the right to challenge the 851 Information and the sentence will be enhanced. However, a denial or an exercise of the defendant's right to remain silent will trigger the next step.

    Once the defendant denies the prior offense he must file a written response challenging the prior offense. The defendant can allege the offense is invalid. Then the government must prove the offense beyond a reasonable doubt, and then the burden shifts to the defendant to show why it is invalid. A challenge for invalid conviction may only be made if it is less than five years old at the time the Information is filed. However, the five year statute of limitations does not apply if the defendant challenges the fact that the prior offense was not a conviction of him (ID) or that he was not represented by an attorney during the prior offense. The government must also prove these beyond a reasonable doubt, but the defendant has no burden in these cases. In ID cases the government usually proves identity through fingerprint exemplars.

    It is important to speak to an attorney in your area about these issues. The cases law in this area of law is sparse and but the penalties for the prior felony drug convictions are huge. It is an excellent area to attack at sentencing because the burden on the government is so high.

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  • Is probation ever a possibility on federal drug charges, even when it is meth?

    My son was charged in state court for manufacturing and conspiracy of meth. the charges were reduced to posession, although he was never busted with anything. now the feds are charging him with 2 counts of conspiracy..I really need some goos advic...

    Bradley’s Answer

    The initial question is what amount of drug has your son been charged with. If your son is charged with more than 5 grams of meth the statute prohibits him from receiving probation. If he is charged with less than five grams he may receive probation if he is not sentenced to a mandatory minimum due to death or serious bodily injury resulting from the offense.

    The amount charged does not necessarily mean he will be convicted of that amount and may plead to a lesser amount making him eligible for probation. After the initial inquiry as to the amount of drug he is responsible for, the court will look at other factors like his criminal history, family history, work history, drug history, seriousness of the offense etc. to determine whether he is a good candidate for probation; if he is eligible.

    Like my colleagues said, he needs an experienced federal criminal defense attorney immediately.

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  • What is the current status of the federal good time bill?

    The federal good time bill, is for federal inmates to get their sentence reduced from 85% of their sentence to 65% of their sentence for work incenitive and good behavior.

    Bradley’s Answer

    It seems that my clients ask me this question more consistently than any other. The fact is that it is unlikely that this bill will pass anytime soon. Even though we hear criminal justice experts calling for change, politicians are still reluctant to make any significant changes to the federal criminal justice mechanism. Although, we have made some strides with the Fair Sentencing Act, there is a lot of work to do. Hopefully, we will continue to move towards much needed improvement, but, for now, it stays the same.

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