Archived
In criminal cases, federal and state, particularly federal, do witnesses get paid for travel for trial, pre-trial events?
Stephen's answer
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Answered on September 24, 2013
Yes, under 28 USC § 1821. See the link below.
Archived
Where can I locate the statute of limitations?
Stephen's answer
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Answered on September 24, 2013
For the Federal system under 18 USC § 3282 a Grand Jury must issue a Federal indictment within five (5) years after the defendant committed the...
Archived
Does an assistant state or federal attorney need the main DA's or USA's signature and/or permission to file felony charges?
Stephen's answer
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Answered on September 24, 2013
They do need a Grand Jury indictment before they can proceed.
Archived
How does one identify an attorney with extensive experience in an issue & who will be aggressive & proactive for the client?
Stephen's answer
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Answered on September 24, 2013
You will have to interview prospective attorneys and review their credentials. Start on the AVVO tab - find an attorney.
Archived
Why is federal court more dominant in criminal prosecutions in some places while state courts are more dominant in others?
Stephen's answer
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Answered on September 24, 2013
Resources are scarce right now.
Archived
If you are Black and you get a White public defender, do you have a constitutional right to a Black public defender?
Stephen's answer
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Answered on September 24, 2013
As Mr. Solis said, you can always hire you own, but the Public defender is assigned. I am really surprised that you would think race would afford...
Archived
Can a victim in a federal court case ask that the charges be dismissed
Stephen's answer
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Answered on September 24, 2013
As mentioned, you do not have the choice here. If there was not the threat and delivery of a jail term for the crime, restitution would go...
Archived
One is charged with conspiracy to distribute 6g of crack cocaine and 50g of MDMA in federal court. What to do?
Stephen's answer
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Answered on September 23, 2013
The conspiracy would bring to bear the relevant conduct of both drugs even if one is dismissed. please work with your attorney to get a better...
Archived
How does the federal drug plea bargaining work in terms of quantities? Do you plead to a quantity of one drug if you sell two?
Stephen's answer
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Answered on September 23, 2013
You plead to the exact quantity described through the factual basis and usually adopted by the PSR. The AUSA and your defense attorney cannot...
Archived
Does a federal pre-indictment defendant have a right to a Federal Defender in a proffer?
Stephen's answer
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Answered on September 23, 2013
Yes, just as a indigent defendant has a right during the target process. I have two right now.
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