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Marc Bruce Geller
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Marc Geller’s Answers

17 total


  • My brother got sentenced 60 months minimum for conspiracy on a federal case. can he get parole or probation

    he had some drugs hidden outside his house for his cousin and his cousin called stating he was going to pick up the drug s he had and the police tapped the phone and heard everything.

    Marc’s Answer

    If your brother was sentenced to 60 months in custody, he is inelegable for probation; parole has been abolished as a result of the Sentencing Guidelines. After he serves 85% of his 60 month sentence, he will be released on supervised release, which is like probation.

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  • My lawyer said the state is dropping my case and the feds might pick it up im out on bail how does that work do the rearesst me?

    how long after the droo the case does the feds pick it up

    Marc’s Answer

    If the state dismisses the charges against you, your bail will be exonerated. If the U.S. Attorney presents evidence to the Federal Grand Jury, they can indict you and you will be arrested. Your attorney should be able to speak to the U.S. Attorney; the U.S. Attorney will generally tell defense counsel whether you are a "target." Your attorney can also enter into an agreement with the U.S. Attorney about bail, so you will not be rearrested. My office often does this in cases similar to yours.

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  • My son is 16 and looking at gun drug and robbery charges I have no money and need help What do I do to get him a lawyer

    My son is 16 and been questioned several times by police for gun, drug and robbery charges. The other boys involved are over 18 and have been arrested and charged already. My house has been searched 3 different times and guns and drugs were found...

    Marc’s Answer

    You should consult with a private lawyer as soon as possible. If he is charged, he will be assigned a court appointed lawyer or a public defender, as he has a Sixth Amendment right to court appointed counsel (In re Gault). However he will probably not have counsel appointed unless he has been charged with a crime.

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

    My husband is unsure if he wants to file for an insufficient counsel against his lawyers. He feels they didn't represent him the right way. He is facing 31 to life . He was unaware of what he was facing until the day of trial. His lawyers never to...

    Marc’s Answer

    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 unlikely that he was not informed of the maximum sentence until the day of trial.

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  • Can you move a federal inmate to a regional prison??

    My brother is in trial process bop reg.#32911-298.. He was arrested on May 03,2012 in San Diego, CA. with a fabricated warrant.. I say fabricated because the arrest warrant has a May 04, 2012 released date, with different last name, and different ...

    Marc’s Answer

    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.

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

    I am facing a federal charge of Conspiracy with the intent to distribute Methylone. The charges were brought when a controlled delivery was taken place after an individual (Who we will call David) who was arrest in separate drug charges informed p...

    Marc’s Answer

    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.

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  • SETTLINGG OR DISMISSING FEDERAL RESTITUTION

    I went bankrupt for a house that was under water, and debt was relieved by bankruptcy. Concurrently I has targeted in a federal criminal case in which my attorney recommended I plead guilty. The debt owed to victim ( bank) was discharged with b...

    Marc’s Answer

    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.

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

    Federal investigation for conspiracy

    Marc’s Answer

    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.

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  • Will he qualify for a half way house or parole?

    My husband was sentenced to five years in federal court with four A felonies, one possession of cocaine, two distribute/sell of cocaine, three possession of meth, four distribute of meth. How much jail time will he end up doing?

    Marc’s Answer

    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.

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  • When on probation, how can a new charge affect your probation if not yet found guilty for that new charge?

    When you are on probation it is considered conditional Liberty. You avoid jail time by being good and following their rules. I heard an alleged violation of probation can happen when you catch a new case during your probation time. How is thi...

    Marc’s Answer

    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.

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