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How long can you be detained in federal

my boyfriend is from Avenues and they did a gang sweep on the whole gang. they took him to the feds, the avenues gang has an indictment. but there are no charges they didn't find no weapons, or drugs in the house. but his name is on the indictment. he just got discharged off parole

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There is no charge on him. In the indictment all there is what he already did time for. There were two gun charges in 2004 and 2005. But he already did time for it in state prison. . I don't know if federal could make him serve it again, but isn't that douple jeapordy? Other than that there is nothing else in the indictment about him.He has been out of prison for about 3yeras and justed discharged parole.I don't know if that would help him in anyway
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Attorney answers (2)

Reputation Level 11
You can read the indictment at http://www.docstoc.com/docs/11762836/Avenues-in.... It alleges that the people named have committed murder, conspiracy to commit murder, attempted murder, conspiracy to traffic in narcotics, narcotics-trafficking, robbery, extortion, money laundering, and witness intimidation. They are being charged as an "enterprise" of racketeers.

Federal prosecutions are very different from California state prosecutions. The elements of the statutes are, in my opinion, much more vague than those in the California codes. This makes it infinitely easier to get convictions. Moreover, be advised that the principal way the feds secure convictions is by the cooperation of co-conspirators, co-defendants, and unindicted co-conspirators. In many of these types of multi-defendant prosecutions, eventually the accused fall over themselves to give up information in order to secure a favorable deal.

Also be aware that the time credits in federal prison are much stingier than in California. In federal prison you get 54 days of good time/work time credits per 365-day year. Federal sentences are much, much longer than state sentences for comparable behavior.

Of course I don't know who your boyfriend is and what charges he is facing. But judging from my experience in federal court, your boyfriend is confronting a real challenge which he should not take lightly. Do not be surprised if YOU are "interviewed" by law enforcement concerning your boyfriend's activities. Nor should you be surprised if your home and car are searched pursuant to a search warrant. You should be thinking about how you would handle that if those issues come up for you personally.
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Reputation Level 19
If there is an indictment, there are charges. While the indictment is unresolved, they can continue to detain him subject to the posting of a bail set by the Court. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
1 person marked this answer as good

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