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Wayne Allen Fowler
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Wayne Fowler’s Answers

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  • Am i look at definite jail time for possions of controls substance 1 gram less than 4

    No prior record first time ever in trouble

    Wayne’s Answer

    Not definitely, no. But there are numerous factors that would have to be taken into account in making any educated guess as to whether or not that might or might not happen in your case. The most important of those is getting a criminal defense attorney (yes, really). They will likely be your best chance for getting through this without jail time.

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  • How much will you have to do if you get sentence to do 86 months in a federal prison

    Only contains two felonies, one was probated for two years and completed, and the other was a sentence of 18 months state jail that was completed 3 years ago and nothing until now

    Wayne’s Answer

    There is no parole in the federal system, unlike the Texas state system. Consequently, you technically will serve day for day on the federal conviction.

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  • What are the charges on fleeing to mexico on federal charges?

    the person got caught smuggling weapons to mexico got bailed having a clean record and decided to flee to mexico. if he decides to turn him self in what would happen?

    Wayne’s Answer

    Not a lot to go on here, but depending on the circumstances (were the guns purchased legally vs. stolen from a common carrier, or a host of possible variations), the person is still looking at dozens of months in a federal prison. Jumping bail will add dozens more. Have him at least get an attorney first that could potentially negotiate a more favorable recommendation on sentencing for turning himself in "voluntarily." But those minimum sentencing guidelines are just that--minimums. Don't expect a free lunch, unless maybe he is able to give up a huge gun smuggling racket.

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  • Legality of Actions During Booking Process

    My significant other was recently arrested for Failure to ID and on his way to jail or during the booking process (unsure until evidence is gathered) Obstruction/Retaliation was tacked on. My question is whether or not it is legal to book somebody...

    Wayne’s Answer

    The process will continue like clockwork, and will not be interrupted, unless perhaps there was an intervening medical emergency. I'm sorry to say that intoxication doesn't generally qualify in this instance. If you think about it, it makes sense. Otherwise the system could come to a grinding halt.

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  • How can I get a warrant recalled that is going to be placed for me evading arrest (with vehicle; State Jail Felony)?

    I am 17 years old, which classifies me as an adult for crime persecution. Driving to a friend's house, I turned onto a neighborhood street, me & my car's passengers witnessed teenagers running the opposite way & I saw a cop's flashlight, unable to...

    Wayne’s Answer

    If you are told a warrant for your arrest will be issued, rest assured that it probably will. Forget about having the warrant dropped. The very first thing you need to do is to get an attorney to help you with the felony evading charge you will have, and to assist in arranging a "walk through," so that you will not be sitting in jail and can just go through the booking process, and immediately out on bond. Your attorney can then prepare a defense that could possibly get the charge dismissed, based on what you have stated above.

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  • Federal appeal question

    If your Motion to reduce your sentence pursuant to 3582(c)(2) due to the amended drug guidelines(drugs - 2) is DENIED by some chance and you feel you should have qualified and decide to appeal that decision - How many days from the Judge's decisi...

    Wayne’s Answer

    The "drugs minus 2" downward reduction amendment went into effect on November 1, 2014. It is recommended that if you have a federal drug conviction that might qualify for the retroactive reduction at this time--even though, if granted, you would not be able to be released until next year, November 1, 2015. Most of those who are qualified and apply should be granted, but the judge still has the discretion to deny you. Even if you are "technically" qualified there are certain situations where you can expect a judge to say no to you (if you are a habitual offender, or if you have had disciplinary issues in prison, for example). In any event, as my colleague pointed out, you will have 14 days to make your appeal.

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  • How do I find a lawyer who will take what I feel into consideration?

    I have a fairly open and shut workers compensation case. The injury happened on video, I have 2 mental and 1 physical disability with 23 months of medical records with on going medical treatment and medications. I currently have a lawyer who ...

    Wayne’s Answer

    • Selected as best answer

    Sometimes what you feel is reasonable or appropriate in a particular situation is really not what most people would consider realistic. That does not mean that they are not considering your feelings. Your attorney will likely have insight into things that you could not possibly have--the party breakdown of the pool of people that would serve on a jury and the trend of verdicts in cases similar to yours, the judges likes and dislikes, a percentage chance of recovery at trial vs. the potential for settlement, and a host of other factors. Unless you happen to be an attorney practicing in the same area of law, in the same jurisdiction, you are just not going to have that kind of insight. Trust your attorney, who is trying to help you.

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  • I have my first drug screen for probation on next Tuesday and I was wondering if they will violate me then?

    I'm on probation for a reckless driving dropped from a DUI and I have my first drug screen next Tuesday and am a little nervous about what happens if I fail.

    Wayne’s Answer

    If you fail, then you may have your probation revoked for the violation. If you are revoked, then you can expect that things will get harder on you-- any or all of these: longer probation, jail time, fines, etc. You can have an attorney represent you at a revocation hearing which can only help you. To be safer, if you are thinking there is a good possibility you may not pass, I would hire one now, before any potential revocation.

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  • What does an old traffic ticket have to do with a felony warrant? Do i have any options?

    I just found out i had 2 warrants out in KY. 1 for failure to pay and 1 for escape because i missed the court date after the failure to pay. I paid the fine i owed so that warrant is now gone, but in order to drop the escape they want me to pay an...

    Wayne’s Answer

    I understand that you are wanting to stand on ideals, but the reality is you have a felony warrant. If you do not want to take care of this yourself, then it may be worth hiring an attorney to do it for you. Sometimes the practical approach is in your best interest. I might also point out that the reason you received a speeding ticket is because an officer presumably stopped you while you were driving a vehicle above the posted speed limit. And while you may disagree with the citation and have decided to no longer drive, it doesn't address the violation at all--and you will have to address it.

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  • How can I help my boyfriend fight false aggravated sexual assault against a child charges.

    I dropped my friend off at his then girlfriends home on the night in question. He asked me to hang out and wait to see if he would need a ride back to his home. I waited for him and he called me every 5-10 min for the hour or so that he was in the...

    Wayne’s Answer

    The very best thing you can do is to make sure he gets an experienced criminal defense attorney right away. You are taking the right first step by coming to this site. It cannot be stressed just how bad this charge is against your boyfriend.

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