Skip to main content
Gray Richard Proctor
Avvo
Pro

Gray Proctor’s Answers

354 total


  • How do I Appeal?

    I was supposed to just have my reinment today to tell the court that I wanted a public attorney but I was appointed one anyways without my knowledge and was sentenced today. How to I Appeal to the court to revise this case?

    Gray’s Answer

    That shouldn't happen. Did you plead guilty? Was it a misdemeanor?

    See question 
  • Post appeal question.

    A friend lost his appeal. During the appeal, new evidence was introduced. He was told this was against the law. His state attorney sent the papers to him telling him about the new evidence. What can he do now?

    Gray’s Answer

    If it's a criminal trial, the answer is probably going to be a post conviction motion based on the new evidence. An experienced appellate/postconviction attorney can help him out.

    See question 
  • Whats the federal charge and severity if the below crime

    Using a copy machine to duplicate department store receipts then going across country doing returns

    Gray’s Answer

    You are not doing yourself any favors by putting these facts out on the internet. You'd be better off calling and talking to an attorney so you have attorney-client confidentiality.

    See question 
  • I need to appeal a sentence. My son was misrepresented.

    My son's attorney was an hour late. While my son and I waited, not able to talk to each other, I listened to court officers discuss how disrespectful it was not to contact the court. They weren't happy. The results: my son's lawyer was not gran...

    Gray’s Answer

    Rule 3.170 of the Florida Rules of Criminal Procedure governs motions to withdraw the plea. Based on what you've said (and do not say more here in public), your son may have grounds to w/draw the plea and go to trial. It has to be done within 30 days, just like an appeal. Contact an attorney who does appeals or post conviction work in central florida if you need representation. Additionally, your son will be entitled to appointed counsel for the 3.170 motion if you need.

    See question 
  • Can the fed. gov. be charged with RICO law 1961 sec. 102 of controlled substance, and 1962 prohibited activities for money's

    In the past the fed. Gov. had raided medical marijuana stores, but also had collected money in the way of taxes from the sale of such class 1 illegal drug. Under the RICO law 1961 sec. 102 of controlled substance they are in violation and 1962 sec...

    Gray’s Answer

    No, you can tax illegal drugs. You need to research sovereign immunity, FTCA, and Bivens.

    See question 
  • In what order do they file motions for the drug minus 2 amendment?

    My fiancé is currently in the low security federal prison in Milan Michigan his charges was here in Greenville North Carolina. Some of his fellow inmates has already received letters with their appointed lawyers info so we was wondering if they wa...

    Gray’s Answer

    Don't sweat it too much. You can file Nov. 1, but no sentence reduction is going to be actually carried out until Nov. 1 2015. My colleagues are right - he will be able to get a free lawyer from the FPD, he won't need to hire anyone.

    See question 
  • My husband was arrested for engaging organized crime which he did not commit.how ling can they keep him without an indictment

    hes been in jail since Sept. 11 ,2014 his lawyer hasn't seen him and the D.A. didn't show for court

    Gray’s Answer

    Are you sure he hasn't been to court yet? Was there an arrest warrant? It's very difficult to answer your question without details, and PLEASE do not explain why you think he's innocent - the feds monitor AVVO and could use your statement against you.

    See question 
  • How long can they hold my husband on engaging an organized crime felony it is not federal. with out an indictment

    He was arrested in Sep.2014 and do not commit the crime.he was arrested along with two others dat did.

    Gray’s Answer

    Has he had his initial appearance in court, or has he been in jail the whole time?

    See question 
  • What percentage of federal judges disagree with harh sentencing for possessing an recieving child porn?

    My bf was charged with possessing and recieving cp. I know recieving has a mandatory senteces of 5 yrs. I just dont understand the difference in the 2 charges

    Gray’s Answer

    Look at table 6-5 in chapter six of this report to congress. The data on judges who gave downward departures for reasons other than a 5K1.1 (substantial assistance) is what you're looking for.
    http://www.ussc.gov/news/congressional-testimony-and-reports/sex-offense-topics/report-congress-federal-child-pornography-offenses

    See question 
  • What is the process for appealing a ruling in Federal District Court?

    The court is in Baltimore, MD

    Gray’s Answer

    File a notice of appeal within 30 days. Fed R. App. P. 4. You then have 14 days to order transcriptions of whatever needs to be transcribed. Fed. R. App. P. 10.

    See question