Marc Bruce Geller’s Answers

Marc Bruce Geller

San Diego Federal Crime Lawyer.

Contributor Level 7
  1. When on probation, how can a new charge affect your probation if not yet found guilty for that new charge?

    Answered over 1 year ago.

    1. Philip Daniel Hache
    2. Richard Franklin Taub
    3. Jordan S Cunningham
    4. Marc Bruce Geller
    5. Christopher Patrick Welch
    6. ···
    6 lawyer answers

    If you are arrested while on probation, the court may summarily revoke probation and incarcerate you without bail. You are intitled to a probation revocation hearing with all Fifth and Sixth Amendment rights. Being on probation can also affect bail on the new charges.

    8 lawyers agreed with this answer

  2. Felony convictions overturned.

    Answered over 1 year ago.

    1. Marc Bruce Geller
    2. Vijay Dinakar
    3. Donald Gray Drewry
    4. Brian K Wanerman
    4 lawyer answers

    Generally they will not enable one to overturn a federal criminal conviction. If the individual is charged with illegal entry or illegal reentry after deportation, if he can prove derivative citizenship it can overturn a conviction. The individual should file a Habeas Corpus motion.

    Selected as best answer

  3. I was stopped for a DUI in January 2001, I went to court, obtained a lawyer but before my 2nd court date I moved out of town.

    Answered over 1 year ago.

    1. Michael Jon Fremont
    2. Christopher Paul Sohovich
    3. Matthew Murillo
    4. Elliot Rahmim Zarabi
    5. Seth Andrew Weinstein
    6. ···
    8 lawyer answers

    If you resolved the criminal DUI case, you do not need to go back to court. If you did not resolve the criminal matter, you probably have a warrant for your arrest. If you resolved the case with an out of state 3 month course, you will still need to complete the California 3 month first conviction course. You can enroll in such a course without returning to court. You need only to prove that your license was suspended with a DMV notice of suspension (DS367 form). If you have a warrant, you...

    4 lawyers agreed with this answer

  4. Can you move a federal inmate to a regional prison??

    Answered 7 months ago.

    1. Marc Bruce Geller
    2. Stephen F Wallace
    3. Raymond George Wigell
    3 lawyer answers

    If your brother had an attorney, in San Diego, in 2012, you should contact him. You may also wish to contact a private attorney or Federal Defenders in San Diego. If he is being held illegally, the attorney can file a motion under 18USC2235 or a Habeas Corpus petition.

    3 lawyers agreed with this answer

  5. Will he qualify for a half way house or parole?

    Answered over 1 year ago.

    1. Michael Anthony Hernandez
    2. Raymond George Wigell
    3. Marc Bruce Geller
    3 lawyer answers

    Sentencing is 1st based on the Sentencing Guidelines which are advisory. Guidelines are based on quantity and type of controlled substances. There are various adjustments, departures and variances the Court may consider. Also criminal history is relevent for sentencing.

    4 lawyers agreed with this answer

  6. Should I seek private council for a federal conspiracy drug charge?

    Answered 7 months ago.

    1. Stephen Charles Cooper
    2. Anthony Michael Solis
    3. George Peter Conway
    4. Stephen F Wallace
    5. Eric Edward Rothstein
    6. ···
    7 lawyer answers

    You should definitely consult with a lawyer as soon as possible. CJA lawyers and Public Defenders are good lawyers; however you cannot get a court appointed lawyer until you are arrested. A private lawyer can speak with the U. S. Attorney and possibly protect you from "David". You may even be able to avoid being arrested.

    3 lawyers agreed with this answer

  7. SETTLINGG OR DISMISSING FEDERAL RESTITUTION

    Answered 7 months ago.

    1. Stephen F Wallace
    2. Richard Aldo Serafini
    3. Raymond George Wigell
    4. Marc Bruce Geller
    4 lawyer answers

    You cannot discharge a Federal District Court Order through bankruptcy. You cannot modify the Court's Order by working out a settlement with the bank. Judgements in United States District Court criminal matters become final 15 days after the judgement is entered. Unless a party files a notice of appeal, in a timely manner, the judgement is final and cannot be modified.

    3 lawyers agreed with this answer

  8. If you take a plea from the Feds do you automatically forfeit your assets ?

    Answered over 1 year ago.

    1. Michael Anthony Hernandez
    2. Albert Arellano Flores
    3. Marc Bruce Geller
    4. Christopher M. Patterson
    4 lawyer answers

    There is no automatic forfeiture. If the Plea Agreement does not stipulate to a forfeiture, you are entitled to a hearing prior to any forfeiture.

    1 lawyer agreed with this answer

  9. What happens if someone files for insufficient counsel? Can that person get a re-trial from this?

    Answered 7 months ago.

    1. Judy A. Goldstein
    2. Jeffrey Allen Fagan
    3. Joshua Sachs
    4. Melissa I. Smejkal
    5. Marc Bruce Geller
    5 lawyer answers

    If his case has not yet been to a jury trial, he can retain another attorney. He has a Sixth Amendment right to be represented by an attorney of his choice. If he has an appointed attorney, he can petition for new counsel, unless new counsel will not have sufficient time to prepare for trial. If he has been convicted, he can file an appeal on ineffective assistance of his trial counsel; the appellate court will decide this as a legal issue, based on his performance at the trial. It is...

    2 lawyers agreed with this answer

  10. If I received ebezzled funds for payment can I be sued

    Answered over 1 year ago.

    1. Charles Thomas Jr.
    2. Robert C. Keller
    3. Raymond George Wigell
    4. Marc Bruce Geller
    4 lawyer answers

    You could be prosecuted for receiving stolen property, conspiracy or as an accessory.

    2 lawyers agreed with this answer

619-239-9456