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Kevin Barron

Kevin Barron’s Answers

114 total

  • A person in a federal indictment who flees the country, how long should they remain on the run?

    In a federal indictment how long before the government case loses strength? Or is it always the same

    Kevin’s Answer

    Until the government's witness are unavailable to testify at trial.

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  • Likely punishment/ evidence needed to be convicted of a forgery/counterfeit bill crime?

    Man knowingly attempted to pass counterfeit bills which were Unknowingly given to him by me. Had three 100 dollar bills on him. He got caught and pointed at me. Would the secret service take such a case?

    Kevin’s Answer

    You're saying the secret service is investigating you because it thinks you unknowingly passed three counterfeit 100.00 bills? Com'on - give us a break!

    If you're under investigation, lawyer up. And whatever you do, do not write on the internet about it.

    Here is the pattern jury instruction in the First Circuit telling you what the government would have to prove to make a case against you:

    [Defendant]ischargedwithpossessing[passing]counterfeitcurrencywiththeintenttodefraud. It is against federal law to possess [pass] counterfeit currency with the intent to defraud. For you to find [defendant] guilty of this crime, you must be convinced that the government has proven each of these things beyond a reasonable doubt:
    First, that the currency possessed [passed] was counterfeit; Second, that [defendant] intended to use the false currency to defraud; and Third, that [defendant] possessed [passed] the false currency.
    Currency is counterfeit if it is calculated to deceive an honest, sensible and unsuspecting person using the observation and care ordinarily used when dealing with a person supposed to be upright and honest.
    Counterfeit currency does not have to be an artistic triumph or so good an imitation as to baffle an expert, or even be entirely complete.
    Fraudulent intent may be inferred from surrounding circumstances or circumstantial evidence and need not be proven directly. Evidence of passing or attempting to pass a counterfeit document may be considered in determining intent to defraud.
    The term “defraud” means to deceive another in order to obtain money or property.
    The term “possess” means to exercise authority, dominion or control over something. The law recognizes different kinds of possession.
    [“Possession” includes both actual and constructive possession. A person who has direct physical control of something on or around his or her person is then in actual possession of it. A person who is not in actual possession, but who has both the power and the intention to exercise control over something is in constructive possession of it. Whenever I use the term “possession” in these instructions, I mean actual as well as constructive possession.]
    [“Possession” [also] includes both sole possession and joint possession. If one person alone has actual or constructive possession, possession is sole. If two or more persons share actual or constructive possession, possession is joint. Whenever I have used the word “possession” in these instructions, I mean joint as well as sole possession.]

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  • Can you refer me to a lawyer who can help me?

    I am going to be completely honest, I have signed a plea agreement with the us attorney's office. What I want from you is to help me sue the government for double jeopardy. I believe that the Sentencing Guidelines are unconstitutional because it g...

    Kevin’s Answer

    Dear Jessica: You can't sue for double jeopardy. Double jeopardy is a defense based on the double jeopardy clause of the US Constitution. The United States Sentencing Guidelines have at times been held to be a violation of the right to jury trial under the Apprendi line of cases (including Booker/Fanfan) from 2000 to 2010. The result of this Constitutional litigation was that subsection of 18 USC 3553 making the US Sentencing Guidelines mandatory was struck as unconstitutional, with the effect that the Guidelines are now advisory and not mandatory. As long the sentence imposed was within the default statutory maximum of the crime charged in the indictment, there is no constitutional error under Apprendi and its progeny. As for holding your prior convictions against you, that is the traditional business of the criminal courts, punishing repeat offenders. The horizontal axis of table 5A is nothing new. Longer offense history, more punishment.

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  • Where do I find info on how a rule35 maybe give a third party helping the government credit on a love one serving time sentence?

    Where can I find free info on it in writing ?

    Kevin’s Answer

    The government will institute a Rule 35 motion for family cooperation on behalf of an incarcerated defendant. Usually, a judge will follow such a government recommendation, but not always. Usually active cooperation is necessary to obtain Rule 35 relief. Effectively, there is no time limit on such a motion as long as it is one brought by the government. Sometimes an innocent family member, usually a mother or father, risks his safety for a wayward child. Sad, really.

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  • Currently my boyfriend is in county for COMMIT-POSS COCAINE but it says court ordered release. He is now on hold for US Marshals

    and BICE. He has been in there since March 29th. He has a court date on April 19th. What are his chances of being able to come back if he is deported? He has done all the paper work to become a citizen except one. Will that help?

    Kevin’s Answer

    If he has an immigration detainer, he's going to be held. If he's here legally and he's convicted he'll be deported after serving his sentence. If one is deported for commission of a crime, there usually no way back. Sorry.

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  • I was found guilty with possession with intent to distribute marijuana back on 2000. Did a times sentences of 5mths in a federal

    jail and 5mths house arrest. I have gotten my act straight and know i want to proceed on getting a Bachelors degree on Nursing but i'm afraid my criminal record will hurt me big time. Is there a way i can get it removed or do something so it won'...

    Kevin’s Answer

    There's nothing you can do at this point. A federal conviction is subject to collateral attack if constitutionally infirm for one year from the date the conviction became final. See 28 USC 2244 & 2255 re the AEDPA limitations period and the statute concerning a motion for a new trial or to vacate the conviction. Sometimes portions of the record can be sealed, but even there the order is supposed have a expiration date. In reality, sealed motions are for hiding informants. There is nothing to do. I wish I could give you better news.

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  • Bank Robbery

    My father is sitting in a federal prison awaiting sentencing which he has plead guilty to, this is his first time of any type of crime. 3 other people were involved and one of them worked in the bank. 120 thousand dollars was taken from the bank. ...

    Kevin’s Answer

    If your father did not carry a firearm and since he has no criminal history, he's exposed to a sentence of three to about three to four years. There may be many reasons to sentence below that range and you will hope that there are no grounds to increase it - I'm supposing no one was armed and not one was injured. The delay of 20 months is of no significance. The statute of limitations is five years and may be extended anyway if the defendant is deemed to have concealed himself or fled the jurisdiction. The existence of the conspiracy could also lengthen the period greatly. With a bank robbery, it is not conceivable to my mind that there are any circumstances under which your father can avoid deportation. As a foreign national charged with a crime of violence, it is unlikely he can be admitted to pretrial release. A federal criminal case in urban jurisdictions usually takes more than one year even to be resolved by plea. Unless your father is being held on state-law charges, the BOP will credit time served in pre-trial detention to the service of his sentence.

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  • Friend got raid by Feds about 8 years ago. Never charged w/ a crime Took his legal firearm & about $20k. Any chance getting back

    I know its been forever and my guess is that he is barred from seeking the return of the money and / or the weapons (or value of the weapons). However, I thought I would ask for his sake in case there was a possibility. I guess they thought he ...

    Kevin’s Answer

    Cash and firearms found in proximity to illegal drugs are subject to seizure and confiscation in rem. As mentioned, there is a forfeiture procedure and the indictment requires a forfeiture count but the truth is the DEA/FBI or whatever task force members are giving your friend his gun back or his cash. There isn't much due process involved and there is no remedy at this point b/c statute of limitations have run.

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