Donald Herbert Flanary III's Answers

Donald Herbert Flanary III
San Antonio White Collar Crime Lawyer.
Contributor Level 3

2

Attorney answers:

  1. Donald Herbert Flanary III
  2. Richard D. Willstatter

Federal criminal defense

Asked by a user in El Paso, TX - over 3 years ago.

Your brother is entitled to raise a necessity defense in federal court. This would allow him to present the evidence you discribe to the jury in his case. If the jury were to believe that he had no choice but to come to this country to avoid the more serious peril then they could find him not guilty under the theory of a necessity defense.

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